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HomeMy WebLinkAboutAGENDA REPORT 2024 0319 PC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of March 19, 2024 Item: 8.A. ACTION: Approved Staff Recommendation as Amended, Including Adoption of Resolution No. PC-2024-705. BY: J. Lugo A. Consider Resolution No. PC-2024-705 Recommending that the City Council Consider an Ordinance for the First Amendment to Development Agreement No. 2016-01 Between the City of Moorpark and M.P. Group LLC, Moorpark Homes LLC, and CLP Investment LLC, and Consider a Resolution Amending the Conditions of Approval for Residential Planned Development Permit No. 2016-01, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewithin, on the Application of Nelson Chung of Pacific Communities (on Behalf of M.P. Group LLC, Moorpark Homes LLC, and CLP Investment LLC). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2023-705 recommending the City Council adopt an ordinance approving the First Amendment to the Development Agreement (“DA”) No. 2016-01, adopt a resolution amending the Conditions of Approval (“COA”) for Residential Planned Development (“RPD”) Permit No. 2016-01, and finding the project Exempt from the California Environmental Quality Act (CEQA). (Staff: Shanna Farley) Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Shanna Farley, Principal Planner DATE: 03/19/2024 Regular Meeting SUBJECT: Consider Resolution No. PC-2024-705 Recommending that the City Council Consider an Ordinance for the First Amendment to Development Agreement No. 2016-01 Between the City of Moorpark and M.P. Group LLC, Moorpark Homes LLC, and CLP Investment LLC, and Consider a Resolution Amending the Conditions of Approval for Residential Planned Development Permit No. 2016-01, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewithin, on the Application of Nelson Chung of Pacific Communities (on Behalf of M.P. Group LLC, Moorpark Homes LLC, and CLP Investment LLC) STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Adopt Resolution No. PC-2023-705 recommending the City Council adopt an ordinance approving the First Amendment to the Development Agreement (“DA”) No. 2016-01, adopt a resolution amending the Conditions of Approval (“COA”) for Residential Planned Development (“RPD”) Permit No. 2016-01, and finding the project Exempt from the California Environmental Quality Act (CEQA). BACKGROUND Pacific Communities On April 15, 2016, Pacific Community Builders, Inc. (“Applicant”) filed an application to develop 284-unit residential development consisting of 153 detached single-family and 131 detached condominium units (“Project”) and associated site improvements on 38.73 acres of property generally located south of Los Angeles Avenue and west of Leta Yancy Road (APNs 506-0-030-180, 506-0-030-195, 506-0-050-525, 506-0-050-515, 506-0-030-205, 506-0-030-255, and 506-0-030-245) (“Site”/“Project Site”). 1 Honorable Planning Commission 03/19/2024 Regular Meeting Page 2 On September 20, 2017, the City Council adopted Resolution No. 2017-3626 adopting an MND for the Project and approving the General Plan Amendment No. 2016-01 for a change to the land use designation from General Commercial to High and Very High Density Residential on the Project Site. On the same date, the City Council also adopted Resolution No. 2017-3627 which approved Vesting Tentative Tract Map No. 5882 and conditionally approved RPD Permit No. 2016-01 for the Project. On October 4, 2017, the City Council adopted Ordinance No. 453 approving Zone Change No. 2016-01 to change the zoning on the Project Site from Commercial Planned Development, RPD-7U, and RPD-7.5U to RPD-9U, RPD-20U, and Open Space. On the same date, the City Council adopted Ordinance No. 454 approving Development Agreement No. 2016-01 (Attachment 1) for the Project between the City of Moorpark and M.P. Group LLC, Moorpark Homes LLC, and CLP Investment LLC (collectively referred to as “Owner”). The Development Agreement expires on October 4, 2037, or one-year after the issuance of the final Certificate of Occupancy, whichever occurs last. DISCUSSION First Amendment to Development Agreement On April 25, 2023, the Applicant applied for the First Amendment to the DA (Attachment 3, Exhibit A). The application included several requests, each described below. 1. Initially, the Applicant requested to change an affordable housing requirement for the Project to allow the payment of an affordable housing in-lieu fee instead of constructing 25 low-income for-sale units. The Applicant indicated that the obligation to construct and sell 25 low-income units would make the project infeasible to build when considering the holding costs for the vacant land and the delays in working to refine the Project’s design. The Applicant had requested relief from the affordable housing requirement, which resulted in the proposed payment of an in-lieu fee. 2. The Applicant requested to phase the Vesting Tentative Tract Map, which originally was describe as a single map. The Applicant intends to record the Project’s maps in five phases (Attachment 2), beginning with Phase 1 and Phase 4. The Applicant has worked for the past several years to address permit requirements associated with stormwater runoff along the Arroyo Simi Channel with the County of Ventura Watershed Protection District, which caused unexpected delays in the permitting and construction of the Project. The Applicant is currently in plan review for grading permits and final tract maps. The Applicant anticipates grading will begin in the summer of 2024. 2 Honorable Planning Commission 03/19/2024 Regular Meeting Page 3 The proposed changes to the DA are summarized below and fully included in Attachment 3, Exhibit B: • DA Section 3.2 – Typographical correction to remove a comma; • DA Section 6.12 – The term “Landscape Maintenance Assessment District (LMD)” is changed to “Community Facility District (CFD)” to align with current terminology. In addition, the payment of $5,000 fee for the formation of the CFD was revised to require a deposit of $50,000, to align with estimated current costs associated with the formation of a CFD; • DA Section 6.13 – In 2023, the Developer prepared an updated financial feasibility analysis of the affordable housing obligations in the Development Agreement and the Affordable Housing Agreement and asserted that, with those obligations, the Project is not financially feasible. Accordingly, the Developer has requested that the Developer be relieved of the requirement to construct 25 affordable housing units for low-income households and instead pay an affordable housing in-lieu fee of $4,186,000 (“Affordable Housing Fee”). The City has considered the Developer’s request and retained an independent financial consultant to advise the City on the request. References to the construction of affordable housing units would be removed from the DA. In addition, the original DA also requires the dedication of a 1.6-acre parcel of land and related site improvements (“City Site”) for the future development of an affordable housing project to offset the construction of 17 units for very low-income households; • DA Section 6.14(b) – The timing of the conveyance of the City Site to the City is revised to occur prior to the recordation of Final Map Phase 1 and Phase 4; • DA Section 6.20 – Added Section 6.13 to a list of sections of the DA which rely on the Consumer Price Index (“CPI") adjustment that applies to certain fees when paid as set forth in the DA. Section 6.13, had been unintentionally omitted from the list of sections; • DA Section 6.21 – The section was revised to remove reference to the previous affordable housing units which are no longer proposed; • DA Section 6.25 – The timing of the creation of a Homeowners Association is revised to occur prior to the recordation of Final Map Phase 1 and Phase 4; • DA Section 6.26 – This section was expanded to indicate that the City would retain an option to issue tax exempt bonds for work to be performed along Los Angeles Avenue, in the event that the CFD would be unable to finance such bonds; 3 Honorable Planning Commission 03/19/2024 Regular Meeting Page 4 • DA Section 7.11 – This section has been deleted as it was required only for the sale of the previously anticipated affordable housing units; and • DA Section 11.4 – The section was reworded to more accurately describe “Remedies of Breach” should a party to the DA fail to uphold aspects of the agreement. The proposed First Amendment to the DA would allow the payment of the in-lieu fee for affordable housing instead of the construction of affordable units. Therefore, the associated Affordable Housing Agreement (“AHA”) previously recorded for the Project would no longer be needed and will be terminated if the First Amendment is approved by the City Council. The requested First Amendment to the DA was considered by a City Council Ad Hoc committee, which consisted of Mayor Enegren and Councilmember Delgado which was formed by City Council on April 19, 2023. The Ad Hoc Committee recommended that staff prepare the First Amendment to the DA to include the Applicant’s requests as described above. Amendments to Conditions of Approval (“COA”) Along with amendments to the DA, the Applicant’s request also includes revisions to the adopted COA to address changes in the DA and phasing of the Final Maps. The Project was approved with the incorporation of COA referred to as Standard COA, those identified in City Council Resolution No. 2009-2799 and Special COA, which were adopted as part of City Council Resolution No. 2017-3627. The proposed changes to the following Standard and Special COAs applicable to the project are summarized below: Amendments to Standard COA • Standard COA No. 2 – Revised to address the phasing of final maps; • Standard COA No. 3 – Revised to indicate the expiration of the Project’s subdivision map would coincide with the term of the DA, to expire on October 4, 2037, unless all Phased Final Maps have been recorded; • Standard COA No. 4 – Revised to indicate the expiration of the Project’s RPD Permit would coincide with the term of the DA, to expire on October 4, 2037, unless the use has been inaugurated by the issuance of a building permit for construction; • Standard COA No. 5 – Revised to address the phasing of final maps; • Standard COA No. 27 – Revised to address the phasing of final maps; • Standard COA No. 32 – Revised to address the phasing of final maps; 4 Honorable Planning Commission 03/19/2024 Regular Meeting Page 5 • Standard COAs No. 37-40 – The associated conditions related to construction of affordable housing units has been struck, consistent with the payment of an Affordable Housing Fee, as described above; • Standard COAs No. 112 and 113 – Revised to address the phasing of final maps; • Standard COAs No. 141-150 – Revised to address the phasing of final maps; and • Standard COAs No. 201-204 – Revised to address the phasing of final maps. Amendments to RPD Special COA • RPD Special COA No. 1 – Revised to indicate the expiration of the Project’s Residential Planned Development Permit would coincide with the term of the DA, to expire on October 4, 2037, unless the use has been inaugurated by the issuance of a building permit for construction; • RPD Special COA No. 2 – Reference to the Project Site’s prior zoning designation of “Residential Planned Development (RPD)” revised to “Multifamily Residential (R-3)” to align with the updated zoning adopted by the City of Moorpark in 2023; • RPD Special COA No. 8 – The COA was deleted to remove reference to the previous Affordable Housing Agreement which would no longer be necessary with proposed payment of the Affordable Housing Fee; and • RPD Special COA No. 15 – The COA was revised to remove reference to the construction of affordable housing units. Amendments to Vesting Tentative Tract Map (VTTM) Special COA • VTTM Special COA No. 1 – Revised to indicate the expiration of the Project’s subdivision map would coincide with the term of the DA, to expire on October 4, 2037, unless all Phased Final Maps have been recorded; • VTTM Special COA No. 2 – The term “Landscape Maintenance Assessment District (LMD)” is changed to “Community Facility District (CFD)” to align with current terminology. In addition, the payment of $5,000 fee for the formation of the CFD was revised to require a deposit of $50,000, to align with estimated current costs associated with the formation of a CFD. Lastly, the text throughout the section was revised to replace LMD with CFD where appropriate; and • VTTM Special COA No. 5, 7, and 23 – Revised to address the phasing of final maps. 5 Honorable Planning Commission 03/19/2024 Regular Meeting Page 6 General Plan, Housing Element, and Zoning Consistency The proposed First Amendment to the DA proposes no physical changes to the Project or the Project Site. The Project would change the affordable housing contribution of construction of 25 lower income housing units to market rate units through the payment of an in-lieu fee. Although the Project design would remain consistent with General Plan and Zoning requirements for the site, additional analysis and findings associated with the General Plan Housing Element are required to assess changes to the affordability of housing units as part of this request. Housing Element The City’s Housing Element, which is a part of the General Plan, was approved by City Council on February 15, 2023. The Housing Element incorporates numerous requirements set forth by the State of California associated with the production of housing units. One such requirement is the necessity for jurisdictions to plan and accommodate for an allocation of new housing units by income categories, referred to as Regional Housing Needs Assessment (“RHNA”). During each eight-year cycle, jurisdictions are required to identify projects and properties which can accommodate the RHNA allocation identified by the local association of governments. In some cases, this is done by referring to pending or approved housing projects or by referring the permissible residential density allowed in each residential zone. For the City of Moorpark’s 2021-2029 housing cycle, the Southern California Association of Governments (SCAG) identified Moorpark’s RHNA allocation as 1,289 new housing units. The housing units are further broken down into the following affordability categories (Table 1). Table 1 – Moorpark’s Regional Housing Needs Allocation for 2021-2029 Per Government Code Section 65583, the City’s Housing Element shall identify adequate sites to meet the communities housing needs. To meet the RHNA requirements set forth by SCAG, the City of Moorpark’s Housing Element identifies numerous residential projects that the City anticipates will be constructed in the current housing cycle. Many of these projects have been approved and are expected to begin construction in the next few years. This analysis, shown in Table 2 below, identified projects or sites that would produce up to 2,492 housing units of varying affordability. 6 RHNA Reauirement Household Definition of Affordability Numbetof Percent of Income Levels bv Household Income Level Units Units Extremely Low Ho useholds earning 0 -30% of AMI 189 14.6% Very Low Ho u seholds earning 31-50% of AM I 188 14.7% Low Households earning 51-80% of AM I 233 18.1% Moderate Ho useholds earning 81 -120% o f AMI 245 19.0% Above Moderate Households earning above 120 % of AM I 434 33.6% Total 1,289 100% Source: Sou t hem Ca lifo rnia Assoc iation o f Gove rn ments, 2020. Honorable Planning Commission 03/19/2024 Regular Meeting Page 7 Pursuant to Government Code Section 65863(b), the City may not reduce the number of housing units identified in the Housing Element, to meet the RHNA allocation, unless certain findings are made. First, the findings require that the City ensure that the reduction in the housing units identified in the Housing Element to meet the RHNA would be consistent with the General Plan and Housing Element. Second, the finding shall indicate that the City continues to maintain adequate housing units to meet the remaining RHNA allocation. The 2021-2029 Housing Element relies on the following projects and assumptions to account for the RHNA allocation in Moorpark, as shown in Table 2. The Project was identified as providing 25 units within the low income category, and 259 units in the above moderate income category. The requested amendments to the Project to allow payment of an in-lieu fee instead of constructing 25 low income units, would result in a total of 284 units constructed within the above moderate income category. The change to the RHNA table is shown in Table 3 below. Table 2 – Current Housing Element Projects and Credits Toward the RHNA *Note that a typographical error in the approved Housing Element, reproduced above in Table 2, shows a calculation of 653 units within the lower income categories for RHNA Credit, which actually add to 654 units. The typographical error is corrected in Table 3. 7 Pro~S Affordabllit}t Level Afford. Very Project p ectName Units R d Low Low M Status Oakmont Assist 77 N/A Not el ig ible for RHNA cred it High St reet Depot Apts 79 DA/AHA 11 68 A Green Isla nd Villas Town 63 DA/AHA 10 53 A I Pacific Comm. SFR 284 DA/AHA 25 259 A I Aldersgate Apts 260 DA/AHA 26 234 A Essex (Vendra) Apts 200 DA/AHA 69 129 2 A Beltr amo Ranch Condo 47 DA/AHA 47 A Everett Street Condo 60 DA/AHA 3 6 51 A North Ranch SFR 139 DA/AHA 2 18 119 A Hitch Ranch SP M ix 755 DA/AHA 56 57 699 A City Site Apt s 468 DA/AHA 234 234 p Accessory Dwelli ngs ADU 80 Market 12 25 34 9 RHNACredit 653 297 1,541 2021-2029 RHNA 610 245 434 Balance RHNA M et RHNA Met Source: City of Moorpark. March 2020. Not es: .... Project listed in th e prior 201 3-2021 Housing Element Project status is one of three phases: C "' Under Construction: proj ects where building permits have been appro ved and construction is u ndeiway A = Approved: projects which have received approvals and entitlements P = Pending app roval: projects working through the process {e.g .. CEQA. DA/AHA. or application) Honorable Planning Commission 03/19/2024 Regular Meeting Page 8 Table 3 – Revised Housing Element Projects and Credits Toward the RHNA Should the amendments to the Project be approved, the changes would be tracked by City staff to ensure that any other future changes to housing production address the requirement to meet the RHNA allocation for the current housing cycle. The Housing Element is not amended by this action, should the amendments to the DA be approved. Rather, the discussion put forth in this report and further outlined in the findings within the attached resolution (Attachment 3) memorialize this analysis and the Project’s continued conformance with the General Plan and Housing Element. The City’s RHNA for the 2021-2029 planning period is 1,289 total units (610 lower, 245 moderate, and 434 above moderate). The City’s 2021-2029 Housing Element identified capacity for 2,491 total units (653 lower, 297 moderate, and 1,541 above moderate). Thus far in the 2021-2029 planning period, the City has approved entitlements for 19 accessory dwelling units at the lower income level. Approving the First Amendment to the Development Agreement would reduce the total number of units that can be accommodated on sites identified in the site inventory within the lower income category from 654 units to 629 units. However, this would retain a buffer of 19 lower income units beyond the original required RHNA allocation for the lower income category. The First Amendment also would result in an increase in the total number of above moderate- income units from 1,541 units to 1,566 units, where only 434 units were required to be identified originally. Due to the remaining buffer of 19 lower income units, and the fact that 19 lower income ADUs have been approved already, the proposed action would not result in a reduction of identified units below the required RHNA allocation. 8 Proj ect Specs Affordability Level Project Na me Ty pe -Units Afford. Reqd Very Low Low M od Above Mod Oakmont Assist 77 N/A Not eligible for RHNA credit High Street Depot Gr een Island Villas I Pacific Comm. Aldersgate Essex (Vend ra) Belt r amo Ranch Eve rett Street North Ranch Hitch Ranch SP City Si te Accessory Dwellinqs RHNA Credit 20 2 1-2029 RH N A Balance Source: City of Moorpark, March 2020. Apts 79 DA/AHA Town 63 DA/AHA SF R 284 DA/AHA Apts 260 DA/AHA Apts 200 DA/AHA Condo 47 DA/AHA Condo 60 DA/AHA SFR 139 DA/AHA Mix 755 DA/AHA Apts 468 DA/AHA ADU 80 Market Notes.: 0 Project listed in the prior 2013-2021 Housing Element Project status is one of t hree phases: -- -10 -0 -26 69 129 - - 3 6 2 - 56 57 -234 12 25 629 610 RHNA M et (:: Under Construction: projects where building permits have been approved and construction is underway A "'Approved: projects. which have received approvals and entitlements. P = Pending approval: projects working through the process (e.g., CEQA, DNAHA, or ai:p lication) 11 68 -53 -284 -234 -2 -47 -51 18 119 -699 23 4 - 34 9 297 1,566 245 434 RHNA Met Project Status A A A A A A A A A p - I I Honorable Planning Commission 03/19/2024 Regular Meeting Page 9 In addition, the original entitlement also includes a provision to dedicate a 1.6 acre pre- graded portion of the Project Site to the City for the purposes of developing low income housing, in lieu of constructing 17 very low-income housing units (“City Site”). The dedication of the City Site is intended to serve as a location for future development of very low-income housing units, which will be constructed at a later date. Should the request to pay an affordable housing in lieu fee for the remaining 25 affordable housing units be granted, the additional fees may be leveraged for the development of affordable housing on the City Site and/or construction of other affordable housing projects throughout the City. Should other applicants seek to reduce the number of housing units for a specific income level that will be produced on a site identified in the site inventory, the City will require similar analysis and findings to ensure the identified RHNA allocations are met or some other action to ensure adequate housing capacity is identified. The proposed First Amendment to the DA and amendments to the Conditions of Approval, are generally consistent with the goals, policies, and programs of the General Plan 2050, including the 2021-2029 Housing Element. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted an MND on September 20, 2017, that analyzed the environmental impacts associated with development of the Project at that time. The MND determined that there were no significant impacts with the inclusion of specific mitigation measures identified in the MND’s Mitigation Monitoring and Reporting Program (MMRP). No changes to the physical development are proposed and the proposed amendments to the DA or Conditions of Approval do not present any additional environmental impacts. Therefore, the Project remains consistent with the previously-adopted MND and no further environmental documentation is required. NOTICING Public Notice for this meeting was provided consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on March 8, 2024. 2. Mailing. The notice of the public hearing was mailed on March 8, 2024, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within 1,000 feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. 3. Sign. Four 32 square-foot signs were placed along adjacent street frontages on March 8, 2024. 9 Honorable Planning Commission 03/19/2024 Regular Meeting Page 10 ATTACHMENTS 1.Development Agreement No. 2016-01 2. Phased Tract Map No. 5882 (Phase 1-5) 3.Draft Resolution No. PC-2023-705 Exhibit A: Draft First Amendment to the Development Agreement Exhibit B: Draft Amendments to Conditions of Approval 10 11PC ATTACHMENT 1 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MOORPARK AND \1111\\ \Ill\\\ I\ II\\\ 1\1\11\1111111\ II\ 1\1\ II\ 20111011-00132051-0 1/45 Ventura County Clerk and Recorder MARK A. LUNN 1011 1/2©17 03:48:56 PM 1258528 $.©© VA MP GROUP, LLC (Pacific Communities), MOORPARK HOMES, LLC AND CLPINVESTMENT,LLC 12 DEVELOPMENT AGREEMENT This Development Agreement the ("Agreement") is made and entered into on Otlot}.lf If , 2017 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as "City") and MP Group, LLC. a California limited liability company ("MP Group"). MOORPARK HOMES, LLC. a California limited liability company ("Moorpark Homes") and CLP INVESTMENT, LLC. a California limited liability company ("CLP"), the owners of real property within the City of Moorpark generally referred to as Residential Planned Development Permit 2016-01 (referred to hereinafter collectively as "Developer"). City and Developer are referred to hereinafter collectively as a "Party" and collectively as the "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1 Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code Chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. 1.2 MP Group is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 1 ("Parcel 1 ") in the legal description set forth in Exhibit "A" which exhibit is attached hereto and incorporated by reference. Moorpark Homes is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 2 ("Parcel 2") in Exhibit "A". CLP is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 3 ("Parcel 3") in Exhibit "A" and that certain real_ property referred to herein as the "City Site" and more particularly described in Exhibit "B" attached hereto and incorporated by reference. Parcels 1, 2, and 3 are referred to hereinafter collectively as the "Property". 1.3 Prior to, and in connection with, the approval of this Agreement, the City Council reviewed the project to be developed pursuant to this Agreement as required by the California Environmental Quality Act ("CEQA.") On September 20, 2017, the City Council adopted Resolution No. 2017-3626, adopting the Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Reporting Program the ("MMRP") prepared for this Agreement and the Project Approvals as defined in Subsection 1.4 of this Agreement. 1.4 General Plan Amendment No. 2016-01 ("GPA"), Zone Change No. 2016- 01 ("ZC"), Residential Planned Development Permit No. 2016-01 ("RPO"), and Vesting Tentative Tract Map No. 5882 ("VTTM") including all 2 13 subsequently approved modifications and permit adjustments to the RPO, VTTM, and all amendments thereto (collectively "the Project Approvals"; individually "a Project Approval") provide for the development of the Property with 284 homes consisting of 154 small-lot detached homes and 130 detached condominium ownership homes and the construction of certain off-site improvements in connection therewith ("the Project"). 1.5 City and Developer acknowledge and agree that the previous Development Agreement No. 1998-02 for the Property, approved by the City Council on December 2, 1998 by Ordinance No. 257, needs to be voided so a new Development Agreement reflecting the Project can be adopted and implemented. City and Developer also acknowledge and agree that by the enabling ordinance approving this new Agreement, the City's previous approval of Development Agreement No. 1998-02 pursuant to Ordinance No. 257 is rescinded and that rescission will take effect upon the date the enabling ordinance for this Agreement under Government Code Section 36937 ("Enabling Ordinance") becomes effective ("Operative Date"). 1.6 City and Developer acknowledge and agree that the approval of Residential Planned Development Permit Nos. 1996-01 and 1999-04 for the Property, approved by City Council Resolution Nos. 99-1621 and 2000-1783, expired due to lack of Project inauguration by Developer. 1.7 By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.8 By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and conditions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1 .9 City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as currently amended. 1.10 On August 22, 2017, the Planning Commission commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on August 22, 2017 recommended approval of this Agreement. 3 14 2. 3. 4. 1.11 On September 20, 2017, the City Council of City ("City Council") commenced a duly noticed public hearing on this Agreement, and following the conclusion of the hearing closed the hearing and approved the Agreement by adoption of Ordinance No. 454 ("the Enabling Ordinance") on October 4, 2017. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site". Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto (subject to Subsection 3.2 below) and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto. 3.1 Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property shall be conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest, subject to Subsection 3.2 below. 3.2 Release Upon Subsequent Transfer. Upon the conveyance of Developer's interest in the Property or any portion thereof by Developer or its successor(s) in interest, the transferor shall be released from its obligations hereunder with respect to the portion of Property conveyed as of the effective date of the conveyance, provided that the transferee expressly assumes all obligations of the transferred portion of the Property and a copy of the executed assignment and assumption agreement is delivered to the City prior to the conveyance. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such conveyance, except as provided in Subsection 6.13 of this Agreement with respect to the sale of completed "affordable units" (as defined in that subsection) to qualified buyers. Notwithstanding the foregoing, this Agreement shall not be binding upon the transferee of a Completed Unit with respect to the transferee's interest in such Completed Unit, and the rights and obligations of Developer under this Agreement shall not run with the portion of the Property that is conveyed with the Completed Unit after such conveyance of the Completed Unit by Developer or its successor in interest. For purposes of this Agreement, "Completed Unit" means a completed residential unit within the Property for which the City has issued a certificate of occupancy. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4 15 4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2 Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3 Building Standards. All construction on the Property shall adhere to all City building codes in effect at the time the plan check or permit is approved per Title 15 of the Moorpark Municipal Code and to any federal or state building requirements that are then in effect (collectively "the Building Codes"). 4.4 Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. 5. Vesting of Development Rights. 5.1 Vested Right to Develop: Timing of Development. Developer and its successors in interest shall have the vested right to develop the Property in accordance with the terms and provisions of the Project Approvals and this Agreement. The Parties intend that this Agreement, together with the Project Approvals, shall serve as the controlling document for all subsequent actions, discretionary and ministerial, relating to the development and occupancy of the Property, including, without limitation, all Subsequent Approvals (as defined below). Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. No future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City's right to ensure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. 5.2 Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through 5 16 the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3 Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals"; individually "a Subsequent Approval") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws"), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals; (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a Citywide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; 6 17 (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code Chapter 17 .38 or any successor thereto, within the Property; or (g) modify the land use from what is permitted by the City's General Plan Land Use Element at the Operative Date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4 Modification of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to City for modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 5.5 Issuance of Building Permits. No Building Permit shall be unreasonably withheld or delayed from Developer if Developer is in compliance with this Agreement and the Project Approvals and Subsequent Approvals. In addition, no Final Building Permit final inspection or Certificate of Occupancy will be unreasonably withheld or delayed from Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the Final Building Permit is in place or is scheduled to be in place prior to completion of construction, the Developer is in compliance with all provisions of this Agreement, the Project Approvals and Subsequent Approvals, and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with Subsection 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.6 Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a Citywide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage including 7 18 6. without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. Developer Agreements. 6.1 Development as a Residential Project. Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv) the MMRP of the MND and any subsequent or supplemental environmental actions. Developer agrees not to apply for any non- residential uses on the Property. The clubhouse and private recreational facilities are considered to be part of the residential uses. 6.2 Condition of Dedicated or Conveyed Property. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3 Development Fee Per Unit. As a condition of the issuance of a building permit for each residential dwelling unit within the Property, Developer shall pay City a one-time development fee as described herein (the "Development Fee"). The Development Fee may be expended by City in its sole and unfettered discretion. The amount of the Development Fee shall be Nine Thousand Two Hundred Dollars ($9,200.00) per residential unit. The Development Fee shall be adjusted annually commencing January 1, 2019, by the Consumer Price Index (CPI). The annual CPI adjustment shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October. In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.4 Traffic Mitigation Fee. As a condition of the issuance of building permit for each residential dwelling unit within the boundaries of the Property, Developer shall pay City a one-time traffic mitigation fee as described herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. The amount of the Citywide Traffic Fee shall be Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit. The Citywide Traffic Fee shall be adjusted annually commencing January 1, 2019 and annually thereafter by the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period 8 19 available on December 31 of the preceding year ("annual indexing"). In the event there is a decrease in the Bid Price Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall pay the LAAOC fee in effect at the time of building permit issuance for each residential dwelling unit within the Property. Developer agrees it shall not be required to pay the LAAOC fee for the first eighty-seven (87) residential units in the project since Developer previously paid the LAAOC fee for eighty-seven (87) residential units. 6.6 Air Quality Fees. Developer agrees that the Mitigation Measures included in the City Council approved MND and MMRP, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer agrees to pay to City a one-time air quality mitigation fee, as described herein ("Air Quality Fee"), in satisfaction of the Transportation Demand Management Fund mitigation requirement for the Project. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars ($1,709.00) per residential dwelling unit within the Property to be paid prior to the issuance of a building permit for each residential dwelling unit in the Project. If the Air Quality Fee is not paid by January 1, 2019, then commencing on January 1, 2019, and annually thereafter, the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior month of October. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6. 7 Park Fees. Prior to the issuance of the building permit for each residential dwelling unit within the Property, Developer shall pay a one-time fee in lieu of the dedication of parkland and related improvements ("Park Fee"). The amount of the Park Fee shall be Ten Thousand Five Hundred Dollars ($10,500.00) for each residential dwelling unit within the Property. If the Park Fee is not paid by January 1, 2019, the Park Fee shall be adjusted annually commencing January 1, 2019 by the larger increase of a) orb) as follows: 9 20 (a) The change in the CPI. The change shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los , Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October; or (b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year (annual indexing). In the event there is a decrease in both of the referenced Indices for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Developer agrees that the above-described payments shall be deemed to satisfy the parkland dedication requirement set forth in California Government Code Section 66477 et seq. for the Property. 6.8 Community Services Fee. As a condition of issuance of a building permit for each residential dwelling unit within the boundaries of the Project, Developer shall pay City a one-time community services fee as described herein (Community Services Fee). The Community Services Fees may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fees shall be Two Thousand Seven Hundred Dollars ($2,700.00) per residential dwelling unit. Commencing on January 1, 2019, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all Community Service Fee have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for All Urban Consumers within the Los Angeles/Anaheim/Riverside metropolitan area during this prior year. The calculation shall be made using the month of October over the prior month of October or in the event there is a decrease in the CPI for any annual indexing, the Community Service Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places Fee (Art Fee) in effect at the time of building permit issuance for each building prior to the issuance of the building permit for that residential building within the Project consistent with City Resolution No. 2005-2408 or any Successor Resolution (1 .0 percent of total building valuations excluding land value and off-site improvement costs). 10 21 6.1 0 Other Development and Processing Fees. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the Operative Date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as such fees are imposed on projects similar to the Project or on property similar to the Property. 6.11 Processing Fees. On the Operative Date, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, the Project Approvals and the MND. 6.12 Landscape Maintenance Assessment District (LMD). Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project, Developer shall pay the City a Five Thousand Dollar ($5,000.00) LMD Formation Fee. The LMD shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to the exterior surface of the block walls and hardscape adjacent to Los Angeles Avenue, Leta Yancy Road and the southern boundaries of the Project. The City shall administer the annual renewal of the LMD, and any costs related to such administration shall be charged to the fund established for such LMD revenues and expenses. Developer agrees to cast affirmative ballots for the establishment of the LMD, and for annual increases in the assessments thereunder, for the purposes specified in this subsection. Developer hereby waives any right it may have to contest or protest any such assessments or assessment increases. In the event that any such LMD has insufficient funds for its purposes, then Developer shall pay the funds required for the LMD costs within five (5) business days after written demand from the City. Developer shall be responsible for all LMD costs until acceptance of the Assessment District by the City. Developer acknowledges and agrees that the LMD will not be accepted by City until after the final occupancy is approved for the last residential dwelling unit in the Project and Developer has made all required LMD improvements in a manner that are acceptable to City's Parks and Recreation Director and Developer has provided City with a deposit for the next subsequent twelve (12) months of LMD maintenance costs. 11 22 Prior to approval of the first final map for the Project, the City Council at its sole discretion may determine that all or a part of the improvements planned to be included in the LMD may instead be placed in the Homeowners' Association for the Project. 6.13 Densities Allowed for Development and Affordable Housing. (a) Developer agrees that densities vested and incentives and concessions received in the Project Approvals include all densities available as density bonuses and all incentives and concessions to which Developer is entitled under the Moorpark Municipal Code, Government Code Sections 65915 through 65917.5 or both; Developer shall not be entitled to further density bonuses or incentives or concessions and further agrees, in consideration for the density bonus obtained through the Project Approvals that is greater than would otherwise be available, to provide twenty-five (25) housing units affordable to qualified low income households (not to exceed 80% of median income adjusted for family size) and the City Site as more specifically described in Subsection 6.14. These twenty-five housing units may be referred to as affordable units or units affordable to low income households. (b) Developer explicitly acknowledges that its agreement to construct these affordable units is given both as specific consideration for both the density bonus and in general as consideration for City's willingness to negotiate and enter into this Agreement and for the valuable consideration given by City through this Agreement. Developer further acknowledges that its agreement to construct these affordable units is not the result of an existing policy or regulation imposed by City but instead is the result of arm's length negotiation between Parties. (c) Developer further agrees that it shall provide the required number of affordable housing units as specified above regardless of the cost to acquire or construct said housing units. Developer further agrees that City has no obligation to use eminent domain proceedings to acquire any of the required affordable housing units and that this Subsection 6.13 is specifically exempt from the requirements of Subsection 7.2. (d) Prior to recordation of the first Final Map for this Project, the parties agree to execute an Affordable Housing Purchase and Sale Agreement (Affordable Housing Agreement) that sets forth the Developer's and City's obligations and provides procedures and requirements to ensure that all of the required affordable housing units are provided consistent with this Agreement and applicable State laws and remains affordable for the longest feasible time. 12 23 The Affordable Housing Agreement shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions, equity share and second trust deed provision, respective role of City and Developer, the responsibility of providing the affordable units by each developer in the event of successors and/or assigns to this Agreement, quality of and responsibility for selection of amenities and applicability of home warranties to meet all or a portion of its obligation and any other items determined necessary by the City. Developer shall pay the City's direct costs for preparation and review of the Affordable Housing Agreement up to a maximum of Ten Thousand Dollars ($10,000.00). (e) All affordable units shall meet the criteria of all California Health and Safety Code statutes and implementing regulations pertaining to for-sale affordable housing units so as to qualify as newly affordable to low income households and to satisfy a portion of the City's RHNA obligation. The affordable units required by this Agreement are consideration for City's entry into this Agreement and therefor none of the affordable units shall duplicate or substitute for the affordable housing requirement of any other developer or development project. All subsequent approvals required of City under this Subsection 6.13 shall be made at City's sole discretion. If any conflict exists between this Agreement and the Affordable Housing Agreement required by and negotiated pursuant to this Agreement or the conditions of approval for Vesting Tentative Tract Map No. 5882 and/or RPD No. 2016-01, then the Affordable Housing Agreement shall prevail. (f) In the event the monthly HOA fees exceed Two Hundred Dollars ($200.00), Developer shall deposit One Hundred Twenty Dollars ($120.00) for each dollar or portion thereof of the monthly HOA fees that are in excess of Two Hundred Dollars ($200.00) into a City administered trust account to assist with future HOA fees for each affected affordable unit. (g) The Affordable Sales Price for low-income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (3) of California Health and Safety Code. Section 50052.5(h) of the California Health and Safety Code provides that an appropriate household size in terms of determining purchase price, is one more person than the number of bedrooms. This means that the pricing for a four (4) bedroom unit will be based on a household of five (5) regardless of the actual size of the household purchasing the unit. For example, the monthly "affordable housing cost" for a four (4) bedroom unit would be 30% times 70% of the current median income for a household of five (5) in Ventura County, divided by 13 24 twelve (12). This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulation shown below (See Section 50052.5(c) of the Health and Safety Code). The Affordable Sales Price for a low income household would be for a four (4) bedroom unit under current market conditions, based upon the following assumptions: Low Income Buyer Item Detail Amount 4 Bedroom Affordable Sale $212,750 Price Down Payment 5% of Affordable $10,638 Sales Price Affordable Sales Loan Amount Price less Down $202,113 payment Interest Rate 4.50% Monthly 1.25% of Initial $222 Property Tax Purchase Price LMD Not Currently N/A HOA $200 Fire Insurance $60 Maintenance $30 Utilities $180 (h) The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price of Two Hundred Twelve Thousand Seven Hundred Fifty Dollars ($212,750.00) for a four (4) bedroom unit, mortgage interest rate of 4.50%, no mortgage insurance, property tax rate of 1.25%, based on Affordable Sales Price, homeowners' association dues of Two Hundred Dollars ($200.00) per month, fire insurance of Sixty Dollars ($60.00) per month, maintenance costs of Thirty Dollars ($30.00) per month, and utilities of One Hundred Eighty Dollars ($180.00) per month for a four (4) bedroom unit. (i) Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very low income buyers. Furthermore, if "affordable housing cost', as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Purchase and Sale Agreement negotiated pursuant to this Agreement shall address this potential change. 14 25 Developer acknowledges that amounts listed in the "Low Income Buyer'' table in Subsection 6.13(g), above, are for illustration purposes only and are subject to change. 0) In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Affordable Sales Price shall be based on a household size appropriate to the number of bedrooms in the unit being purchased by the City, consistent with all requirements of this Subsection 6.13. Developer agrees that, pursuant to City's rights under this Agreement and/or the Affordable Housing Agreement and prior to and upon the sale of a required unit to a qualified buyer (or City in lieu of a qualified buyer as determined by City at its sole discretion), City may at its sole discretion take any actions and impose any conditions on said sale or subsequent sale of the unit to ensure ongoing affordability to low income households and related matters. After the sale of a housing unit by Developer to a qualified buyer (or City in lieu of a qualified buyer as determined by City at its sole discretion), City, not Developer, shall have sole responsibility for approving any subsequent sale of that housing unit. (k) Developer agrees that City shall be responsible at its sole discretion for marketing the affordable units, selecting and qualifying eligible buyers for these units, and overseeing the escrow processes to sell the affordable units to low income households, providing the forms of Deed of Trust, Promissory Note, Resale Refinance Restriction Agreement and Option to Purchase Property and Notice of Affordability Restriction on Transfer of Property (collectively Affordability Documents) and all necessary contracts and related documents to ensure that the referenced affordable units remain occupied by low income households for the longest feasible time. Developer further agrees that the difference between the Affordable Sales Price (as referenced in this Agreement) paid by a qualified buyer and the fair market value shall be retained by City as a second deed of trust. (I) Developer shall pay closing costs for each affordable unit, not to exceed Eight Thousand Dollars ($8,000.00). Beginning January 1, 2019 and on January 1st for each year thereafter, the maximum Eight Thousand Dollars ($8,000.00) to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the month of October. In the event there is a decrease in the CPI for any annual indexing, the closing costs for each affordable unit shall remain at its then current amount until 15 26 such time as the next subsequent annual indexing which results in an increase. The referenced Developer funded closing costs shall be for the benefit of qualified buyers (or City in lieu of qualified buyers if one or more of the required units are purchased by the City) in their acquisition of a unit from Developer not Developer's acquisition of a unit from one or more third parties. The Developer's escrow cost shall not exceed the then applicable maximum amount per unit regardless of the number of escrows that may be opened on a specific unit. (m) Developer warrants that the quality of materials and construction techniques of the affordable units sold to the qualified low income buyer, or City shall in all manner be identical to that of all other units constructed in this Project and subject to all Conditions of Approval and shall meet all Building Codes. (n) The City shall have the same choices of basic finish options as purchasers of market rate units in this Project and final walk- through approval of condition of unit before close of sale. Any options provided to buyers of market rate units shall be provided to City or buyer(s) of the affordable units, including but not limited to color and style choices for carpeting and other floor coverings, counter tops, roofing materials, exterior stucco and trim of any type, fixtures, and other decorative items. (o) Developer agrees that all warranties for the affordable units shall be the same or better than those for the market rate units, all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the affordable units and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The home warranties for the affordable units shall be the same duration as the warranties for the market rate units and not less than the maximum time required by State law. (p) Developer agrees to provide the same amenities for the affordable units (purchased by a low income buyer or City) as those amenities that are provided for the market rate units. The amenities shall include but not be limited to concrete roof tiles; air conditioning/central heating; garage door opener; fireplaces; washer/dryer hook-ups; garbage disposal; built-in dishwasher, stove, oven and microwave; windows; wood cabinets; shelving; counter-tops; floor coverings; window coverings; electrical outlets, lighting fixtures and other electrical items; plumbing fixtures including sinks, bathtubs and showers; and door and cabinet hardware, and shall all be of the same quality and quantity as provided in the Project's market rate units as determined by the 16 27 City's Community Development Director and City staff person responsible for City's Affordable Housing Programs. (q) The floor plan and size of the units shall be approved by the Community Development Director and City staff person responsible for City's Affordable Housing Programs, and include a downstairs bathroom. (r) The parties agree that prior to and upon the sale of an affordable unit to a qualified buyer or City, City may at its sole discretion take any actions and impose any conditions on buyer eligibility and on said sale or subsequent sale of the unit to ensure ongoing affordability to low income households and related matters. Developer agrees if it sells any of the affordable units directly to a qualified low income buyer, all requirements of the buyer, including, but not limited to, completion of a City approved homebuyer education training workshop, and City approved documents for the transaction, including a promissory note, deed of trust, and resale restriction agreement and option to purchase (the "Affordability Document"), shall be included as a requirement of the sale. The language of all such documents shall be approved by City at its sole discretion. City has sole discretion in selecting lenders, escrow and title companies and real estate professionals to assist with the sale of affordable units. (s) In the event City is unable to provide a qualified buyer when one of the low-income units has received final inspection approval, Developer shall be allowed to continue to obtain building permits and/or final inspection approval for the non-affordable units. Any low-income units remaining unsold six (6) months after the final inspection approval of the 280th unit will be purchased by the City, as provided for in the Affordable Housing Agreement. Developer is required to maintain low-income units in move-in condition until such time as the City finds a buyer. For purposes of this schedule, final inspection approval requires approval of the City's Building Official and Community Development Director. (t) Developer also agrees that subsidiaries, divisions or affiliates of Developer may not be used to provide lending, escrow, title and other services relevant to the purchase transactions for the affordable units unless approved in writing by the City Council. Cathay Bank is not considered an affiliate of Developer. (u) If a qualified low income buyer is identified by City prior to or at the time of final inspection approval of any of the affordable units, Developer shall open escrow for the sale of said unit as provided for in the Affordable Housing Agreement, and shall enter escrow 17 28 directly with the buyer identified by City, and proceed to closing of said escrow. If a qualified low income buyer has not been identified at the time Developer receives the final inspection approval for an affordable unit, City, at its option, may agree to purchase the affordable unit required to be provided by Developer for the amount and at the time as provided for in this agreement. In addition if a qualified low income buyer has not been identified at the time Developer receives the final inspection approval for an affordable unit, Developer may continue to obtain building permits and final inspection approvals for other residential units in the Project so long as Developer is in full compliance with this Agreement, the Affordable Housing Agreement, Subsequent Approvals and requirements for obtaining building permits. Developer and City agree to use their best efforts to complete the close of escrow within forty-five (45) days of the final inspection approval of an affordable unit. (v) Developer shall satisfy all mechanic's, laborer's, material man's, supplier's, or vendor's liens and any construction loan or other financing affecting any unit or lot in the Project which has been designated for an affordable unit, before the close of escrow for that affordable unit. (w) Developer agrees that the required construction of the low income affordable units must receive final inspection approval by Developer on terms consistent with this Agreement and the Affordable Housing Agreement as specified in the following schedule: Prior to #of Low Occupancy of Income Units 60th Unit 6 120th Unit 7 170th Unit 4 220th Unit 6 270th Unit 2 Total 25 (x) The required affordable units within the Project shall be located on unit (may also be referred to as pad or lot) numbers 2, 4, 6, 17, 20, 27, 39, 41, 43, 47, 54, 62, 78, 82, 84, 86, 95, 99, 102, 105, 109, 111, 113, 117, and 128 as shown on the approved Conceptual Site Plan exhibit as part of RPO Permit No. 2016-01. The City Manager or the City Manager's designee may approve different unit numbers within the Project so long as the unit contains no less than 1,433 square feet. 18 29 (y) Developer shall provide the initial buyer of each Completed Unit in the Project a disclosure that the Project includes twenty-five (25) residential dwelling units that will be sold to qualified low income households. The disclosures shall also state that these twenty-five (25) residential dwelling units have deed restrictions recorded on their title that restrict the re-sale of these units only to qualified low income buyers. The form and language of the disclosure shall be approved by the City Attorney and Community Development Director and shall conform to all requirements of the applicable State agencies pertaining to real estate disclosures. (z) Concurrently· with and subject to the City's payment to CLP of the Purchase Price for the City Site pursuant to Subsection 6.14 and the Purchase and Sale Agreement (as those terms are defined in Subsection 6.14, Developer shall pay City a one-time fee in the amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) or the appraised fair market value of the City Site, as defined in Subsection 6.14, whichever is less, in lieu of providing seventeen (17) residential units for very low income households. 6.14 Conveyance to City of City Site. (a) CLP agrees to convey to City for the purchase price of One Million Five Hundred Thousand Dollars ($1,500,000.00) or the appraised fair market value whichever is less, (the "Purchase Price") an approximate 1.6 acre parcel of land more particularly described in Exhibit "B" attached hereto and incorporated by reference (the "City Site") in accordance with and subject to the terms of a Purchase and Sale Agreement. Developer at its sole cost shall provide a fair market value, appraisal of the City Site. Developer may select the appraiser but the scope of the work for the appraisal shall be submitted to City for review and written approval by the City Manager or designee prior to initiation of the appraisal work. (b) CLP shall execute and deliver the Purchase and Sale Agreement for the City Site prior to approval of the first final map for the Project provided, however, that the Final Approval of the Project Approvals and this Agreement shall be conditions precedent to the effectiveness of the Purchase and Sale Agreement. The close of escrow under the Purchase and Sale Agreement shall occur after the City's final approval of all items required in 6.14(e), below. For the purposes of this Agreement, "Final Approval" means when all of the following have occurred: (i) the City shall have approved the Project Approval and this Agreement; and (ii) the time periods for filing any appeal from or legal challenge to the Project Approvals 19 30 and this Agreement shall have expired without an appeal or legal challenge (including, without limitation, any CEQA challenge) having been filed; or, if an appeal or other legal challenge shall have been filed, all such appeals or legal challenges shall have been subsequently terminated with the approval of the Project Approvals and this Agreement upheld, and the time period(s) for filing any appeal(s) from the upheld decision(s) shall have expired without further appeals having been filed. (c) Upon its conveyance to the City, the City Site may be used for any residential, institutional or public use at City's sole discretion. (d) Developer hereby represents and warrants that: (i) the City Site will be delivered free of all liens, and free of all other encumbrances that could materially and adversely affect the use of the City Site for the development or operation of low income housing; and (ii) to Developer's knowledge, the City Site does not contain any hazardous materials. The Purchase and Sale Agreement shall contain representations by CLP consistent with the foregoing, which will survive the closing under the Purchase and Sale Agreement, and if not accurate in any material respect, shall constitute a default by Developer under this Agreement. (e) Developer at its sole cost shall cause the City Site Improvements to be completed prior to the issuance of the first residential building permit (excluding models) for the Project. For purposes of this Agreement, the term "City Site Improvements" means the following: 1) sheet grading of the City Site to provide an approximate 2% crossfall from north to south and all grading shall be in compliance with all National Pollutant Discharge Elimination System (NPDES) Best Management Practices and other requirements; 2) obtain a Letter of Map Revision based on Fill (LOMR-F) for the City Site and meet all Federal Emergency Management Agency (FEMA) related requirements; 3) grading shall incorporate all requirements from a geotechnical soils report including seismic and potential liquefaction issues so that no over-excavation of the City Site will be needed when one or more buildings are constructed on the City Site for the planned multi-family residential project; 4) street improvements on Leta Yancy Road including curb, gutter, sidewalk, street lights and water stubout; 20 31 5) an eight foot (8') tan slumpstone block wall along the western boundary of the City Site; in addition if determined necessary by the City Engineer and Community Development Director a solid tan slumpstone block wall or combination of tan slumpstone block wall with pilasters and wrought iron along the southern property line of the City Site; and 6) any slopes along the west and north boundaries of the City Site that are created in the course of the Developer's City Site Improvements shall be placed on the Property or eliminated by use of retaining walls. Notwithstanding any provision of the Agreement to the contrary, the City Site Improvements shall not include and Developer shall not be responsible for the installation or the cost to install any sewer or storm drain facilities to serve City Site or for the payment of any utility connection fees for the City Site. All City Site Improvements shall be in compliance with all City standards and policies and workmanlike manner to the satisfaction of the City Engineer and Community Development Director. Developer will defend, indemnify and hold City harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from any activity by Developer or its contractors on the City Site. (f) Developer shall provide the initial buyer of each Completed Unit in the Project a disclosure that the adjacent approximate 1.6 acre parcel site (City Site) will be transferred to the City for the purpose of building approximately a forty (40) unit multi-family residential project for low and very low income households. The disclosure shall also state that the City may at . its sole and unfettered discretion transfer the site to a third party to construct the referenced forty (40) unit project. Developer shall also include a requirement in the Covenants, Conditions and Restrictions (CC&Rs) that at the time of any future sale of the Completed Unit by the initial buyer and all subsequent sellers, such sellers are obligated to disclose this same information to the buyer when they sell the Completed Unit. The form and language of the disclosure shall be approved by the City Attorney and Community Development Director and shall conform to all requirements of the applicable State agencies pertaining to real estate disclosures. Within thirty (30) days of selling a Completed Unit, Developer shall submit a fully executed copy of the disclosure form signed by the initial buyer to the Community Development Director and City Manager. 21 32 Prior to issuance of the first building permit for a residential dwelling unit in the Project, Developer shall post two (2) signs on the City Site to inform the general public and potential buyers of the Completed Units in the Project that the City Site as a multi-family residential project for lower income households is planned. The locations, size, material and wording of the signs shall be approved by the City Attorney and Community Development Director. Developer shall maintain the signs in good condition until thirty (30) day after the sale of the last Completed Unit of the Project. The City will become responsible for the signs thereafter. 6.15 Annual Review Procedures. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved MND and MMRP. 6.16 Eminent Domain. Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 6.17 Street Improvement Standards. The street improvements for all streets scheduled for dedication to the City shall be designed and constructed by Developer to provide for a 50-year life as determined by the City Engineer. 6.18 Implementation Plan. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a plan to guarantee the Developer agreements contained in this Agreement and in the conditions of approval for the VTTM and RPO. The plan shall address the entities responsible and method and timing of guarantee for each component of Developer's obligations and is subject to City approval at its sole discretion. 6.19 Fee Protest Waiver. Developer agrees that any fees and payments pursuant to this Agreement and for the Project shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to Subsection 6.3, 6.4, 6.8 and Subsection 6.26 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto. 6.20 CPI Indexes. In the event the "CPI" referred to in Subsections 6.3, 6.6, 6.7, 6.8 and 6.14 (I), or the Bid Price Index referred to in Subsections 6.4, 22 33 6.7 and 6.26 are discontinued or revised, a successor index with which the "CPI" and or Bid Price Index are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the "CPI" and Bid Price Index had not been discontinued or revised. 6.21 Proposed Mello-Roos Community Facilities District. Developer agrees that if a Mello-Roos Community Facilities District (CFO) is proposed to be formed consistent with Subsection 7.3 of this Agreement, Developer shall submit the required deposit and reimbursement agreement to fund all City costs associated with the proposed CFO formation. Developer also agrees that the City Council upon the conclusion of the public hearing required by applicable law and in its sole and unfettered discretion may abandon establishment of the CFO. Developer agrees that any CFO bond proceeds in the Project Improvement Fund in excess of the amount required to fund authorized costs, including any City and CFO consultant costs associated with the redemption of bonds shall be applied to redeem a portion of the bonds, consistent with applicable provisions of State and Federal laws and regulations. Developer also agrees that if a CFO is authorized, the CFO may include on-going annual special taxes for services provided to the Project. Developer agrees that it shall prepay all special taxes levied, or which may be levied in the future (except special taxes for on-going services), as part of the CFO or any successor or any additional CFO prior to the sale of any of the affordable units to the City or qualified buyer. The intent of this subsection is that the owners of the affordable units shall at no time have any obligations to make any special tax payments to or for the benefit of the CFO or its bondholders (except special taxes for services). Developer further acknowledges and agrees that the City Council shall determine the total amount of CFO bonds to be sold and the amount Developer may receive as reimbursement from the proceeds of the CFO bonds. If a CFO is authorized and formed, Developer shall include a disclosure to the initial third party buyer of each residential dwelling unit in the Project. The form and language of the disclosure shall be approved by the City Attorney and Community Development Director and shall conform to all requirements of the applicable State agencies pertaining to real estate disclosure. Developer shall also include a requirement in the CC&Rs that at the time of any future sale of the Completed Unit by the initial buyer and all subsequent sellers, such sellers are obligated to disclose this same information to the buyer when they sell the Completed Unit. Within thirty 23 34 (30) days of selling a Completed Unit, Developer shall submit a fully executed copy of the disclosure form signed by the initial buyer to the Community Development Director and City Manager. In the event a CFO is formed for the Project and prior to issuance of the first building permit for a residential unit in the Project, Developer shall post a sign at each public entrance (one on Los Angeles Avenue and one on Leta Yancy Drive) to the Project, to inform the general public and potential buyers of Completed Units in the Project that the Project is subject to a CFO for special taxes. The locations, size and wording of the signs shall be approved by the City Attorney and Community Development Director. Developer shall maintain the signs in good condition until thirty (30) days after the sale of the last Completed Unit for the Project at which time Developer shall remove the signs. 6.22 Los Angeles Avenue Traffic Signal. If directed by the City Council and approved by Caltrans, Developer agrees at it sole cost and expense to install a traffic signal at the intersection of Los Angeles Avenue (SR 118) and Shasta Avenue/Project entrance. Final design, plans and specifications shall be as approved by the City Council and Caltrans and shall include an interconnect system. Developer shall also pay City's actual costs for project management, plan check and inspection. 6.23 City Ability to Modify. Developer acknowledges the City's ability to modify the development standards and to change the General Plan designation and zoning of the Property upon the termination or expiration of this Agreement (if the Project has not been built), and Developer hereby waives any rights they might otherwise have to seek judicial review of such City actions to change the development standards, General Plan designation and zoning to those development standards and density of permitted development to that in existence prior to the approval of GPA 2016-01 and ZC 2016-01. 6.24 Prior Development Agreement and Residential Planned Development Permit. Developer agrees that by the Enabling Ordinance approving this Agreement, the City's previous approval of Development Agreement No. 1998-02 Pursuant to Ordinance No. 257 is rescinded and that rescission will take effect upon the Operative Date. Developer further agrees that the approval of Residential Planned Development Permit Nos. 1996-01 and 1999-04 for the Property, approved by the City Council by Resolution Nos. 99-1621 and 2000-1783 have expired due to lack of Project inauguration by Developer and that Developer will not seek final map approval for Tentative Tract Map Nos. 5053 and 5204. 6.25 Homeowners Association. Prior to recordation of the first final map for the Property, if required by City at its sole discretion, Developer shall form one or more property owner associations to assume ownership and maintenance of private recreation, private streets, parking lots, landscape 24 35 areas, flood control and NPDES facilities and other amenities within the Project. The obligation of said Homeowners Associations shall be more specifically defined in the conditions of approval of the first tentative tract or parcel map for the property. 6.26 Los Angeles Avenue Improvements. Developer agrees to pay City Two Million Fifteen Thousand One Hundred Fourteen Dollars ($2,015,114.00) to reimburse City for the cost of the improvements to Los Angeles Avenue along the frontage of the Project less One Hundred Thousand Dollars ($100,000.00) previously paid by Developer to City for improvements to Los Angeles Avenue. The net payment to City of One Million Nine Hundred Fifteen Thousand One Hundred Fourteen Dollars ($1,915,114.00) shall be referred to as the Los Angeles Avenue Reimbursement Payment which shall be paid in the amount of Six Thousand Seven Hundred Forty-Four Dollars ($6,744.00), hereinafter referred to as Reimbursement Fee, prior to the issuance of a building permit for each residential dwelling unit in the Project. The Reimbursement Fee shall be adjusted annually commencing January 1, 2019 and annually thereafter by the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ("annual indexing") in the event there is a decrease in the Bid Price Index for any annual indexing the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. Notwithstanding the foregoing provision of this Subsection 6.26, in the event a CFO as described in Subsections 6.21 and 7.3 of this Agreement is formed and bonds sold, Developer shall cooperate in good faith with the City to facilitate payment of the Los Angeles Avenue Reimbursement Payment from the proceeds of the CFO. 7. City Agreements. 7.1 Commitment of Resources. At Developer's expense, City shall commit reasonable time and resources of City staff to work with Developer on the processing of applications for Project Approvals and all Subsequent Approvals and Building Permits for the Project area and if requested in writing by Developer shall use overtime and independent contractors whenever possible. 7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer and limited to City's legal authority, City at its sole and absolute discretion shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of 25 36 Developer including any land which is outside City's legal boundaries. The process shall generally follow Government Code Section 66462.5 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of 15% on all out-of-pocket costs. 7.3 Proposed Mello-Roos Community Facilities District. City agrees that upon receipt of a landowner' petition by Developer and Developer's payment of a deposit of fifteen thousand ($15,000.00) and agreement to reimburse all City costs related to processing of the proposed Mello-Roos Community Facilities District (CFO), as prescribed in the applicable sections of the California Government Code, City shall commence proceedings to form (CFO) and to incur bonded indebtedness to finance all or portions of the development fees, public facilities, infrastructure and services that are required by the Project and that may be provided pursuant to the Mello- Roos Community Facilities Act of 1982 (the "ACT"); provided, however, the City Council, in its sole and unfettered discretion, may abandon establishment of the CFO upon the conclusion of the public hearing required by the applicable section of the California Government Code. In the event that a CFO is formed, the special tax levied against any residential lot or residence thereon shall afford the buyer the option to prepay the special tax (except for special taxes for on-going services) in full prior to the close of escrow on the initial sale of the developed lot by the builder of the residence. All on-going costs for City to administer the CFO shall be included in the costs to be paid by the CFO. If a CFO is formed and bonds sold, to the extent permitted by applicable law as determined by bond counsel the Developer may be reimbursed for costs advanced or paid by Developer for CFO formation and related proceedings. 7.4 Concurrent Entitlement Processing. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the Project so long as the application for such entitlements are "deemed complete" in compliance with the requirements of Chapter 4.5 Review and approval of Development Projects (Permit Streamlining Act) of the California Government Code. 7.5 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of this Agreement meets all of Developer's obligations under applicable law for park land dedication. 7.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees. City agrees that Developer previously paid the LAAOC fee for eighty-seven (87) 26 37 residential dwelling units in the amount of Two Hundred Forty-One Thousand One Hundred Thirty-Five Dollars and Twenty-Nine Cents ($241,135.29) on August 3, 2001 and said payment satisfies the LAAOC fee obligation for the first eighty-seven (87) residential units of the Project. 7.7 Reimbursements from other Developments. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map, development permit or development agreement with one or more other developers and at City's discretion may include provisions requiring such reimbursement to Developer for the same in such other development project conditions of approval. 7.8 Early Grading Agreement. The City Manager is authorized to sign an early grading agreement on behalf of the City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the Project approved tentative map and contingent on City Engineer and Director of Community Development acceptance of a performance bond in a form and amount satisfactory to them to guarantee implementation of the erosion control p-lan and completion of the rough grading; construction of on-site and off-site improvements consistent with the City Council approved Project and Tentative Map. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7.9 Acquisition by City of City Site. Provided Developer shall have duly executed and delivered the Purchase and Sale Agreement to City, City shall enter into the Purchase and Sale Agreement to acquire the City Site. 7.10 Prior Development Agreement and Residential Planned Development Permit. City agrees that the previous Development Agreement No. 1998- 02 for the Property, approved by the City Council by Ordinance No. 257 are both rescinded upon the Operative Date of this Agreement. City further agrees that the approval of Residential Planned Development Permit No. 1996-01 and 1999-04 approved by the City Council have expired due to lack of Project inauguration by Developer. 7.11 Affordable Housing. City agrees for purposes of Subsection 6.13(t) of this Agreement that Cathay Bank is not considered an affiliate of Developer. City at its sole discretion may select lenders, escrow, title and other service providers for the sale of the affordable units in the Project. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to 27 38 comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. At the same time as the referenced annual review, City shall also review Developer's compliance with the MMRP. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay", as hereinafter defined, provided that the Party claiming the delay gives written notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City or other local government entity to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (h) delay caused by a delay by other third party entities which are required to approve plans or documents for Developer to construct the Project, or restrictions imposed or mandated by such other third party entities or governmental entities other than City, (including but not limited to, Ventura County Watershed Protection District); or (i) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Project. 11. Default Provisions. 11.1 Default by Developer. The Developer shall be deemed to have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or 28 39 (b) fails to make any payments required under this Agreement within five (5) business days after City gives written notice to Developer that the same is due and payable; or (c) breaches any of the other provisions of this Agreement and fails to cure the same within thirty (30) days after City gives written notice to Developer of such breach (or, if the breach is not able to be cured within such thirty (30) day period, Developer fails to start to cure the same within thirty (30) days after delivery of written notice by City of such breach or fails to thereafter diligently prosecute the cure to completion). 11.2 Default by City. City shall be in breach of this Agreement if it breaches any of the provisions of this Agreement and fails to cure the breach within thirty (30) days after Developer gives written notice to City of the breach (or, if the breach is not able to be cured within such thirty (30) day period, City fails to start to cure the same within thirty (30) days after delivery of written notice from Developer of such breach or fails to thereafter diligently prosecute the cure to completion). 11.3 Content of Notice of Violation. Every notice of breach shall state with specificity that it is given pursuant to this section of this Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall state the applicable period to cure. The notices shall be given in accordance with Section 20 hereof. 11.4 Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible of possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of this Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by the City shall be injunctive relief and/or specific performance. The remedies for breach of the Agreement by the Developer shall be injunctive relief and/or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsection 6.13 or 6.14 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. 29 40 Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against Developer if it violates any City ordinance or State statute. 12. Mortgage Protection. 12.1 Discretion to Encumber. The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon then owned by such person with any mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to the Property or such portion. Any mortgagee or trust deed beneficiary of the Property or any portion thereof or any improvements thereon and its successors and assigns ("Mortgagee") shall be entitled to the following rights and privileges. 12.2 Lender Requested Modification/Interpretation. City acknowledges that the lenders providing financing to Developer for the Property may request certain interpretations and modifications of this Agreement. City therefore agrees upon request, from time to time, to meet with Developer and representatives of such lenders to discuss in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement shall be subject to the provisions of this Agreement pertaining to modifications and amendments. 12.3 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any binding and effective against the Mortgagee and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise; provided, however, Mortgagee and such owner shall not be responsible for any matters that occurred prior to their acquisition of the Property or such portion. 12.4 Written Notice of Default. If a non-monetary default is not cured by Developer within thirty (30) days after written notice by City to Developer or a monetary default is not cured with in five (5) days after written notice by City to Developer, then each Mortgagee shall be entitled to received written notice from City of the applicable default by Developer under this Agreement provided the Mortgagee has delivered a written request to the City for such notice and shall have provided its address for notices in writing to the City. Each such Mortgagee shall have a further right, but not the obligation, to cure such default for an additional period of thirty (30) days after delivery of such notice of default by City to the Mortgagee. City 30 41 shall not commence legal action against Developer by reason of Developer's breach without allowing the Mortgagee to cure the same as specified herein. 13. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within ten (10) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any consent or approval herein to be given by the City may be given by the City Manager provided it is express and is in writing. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives written notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1 Exemption for Amendments of Project Approvals. No amendment to a Project Approval or Subsequent Approvals shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals or Subsequent Approvals. 16. Developer Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way 31 42 from, Developer's performance pursuant to this Agreement including, but not limited to, Developer's construction of the Project on the Property and construction of improvements on the City Site and any injury sustained by any person in connection with the construction or partial construction of buildings and improvements on the Property and City Site. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement, or any provision thereof, the environmental documents prepared and approved in connection with the approval of the Project, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. As described in Subsection 1.5 above, this Agreement shall become operative on the Operative Date, being the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on the Operative Date or until one year after the issuance of the final building permit for occupancy of the last unit of the Project whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval or Building Permit or Final Building Permit that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval or Building Permit or Final Building Permit. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. Notwithstanding the foregoing, the following shall survive the expiration or earlier termination of this Agreement: (i) all obligations arising under this Agreement prior to the expiration or earlier termination of this Agreement; and (ii) Subsection 6.23 of this Agreement. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "C" attached hereto and incorporated herein. 32 43 Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any· such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Purchase and Sale Agreement, the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 33 44 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. 33. Authority to Execute. Developer warrants and represents that to its knowledge as of the Operative Date and with respect to each entity that is defined as Developer: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement; (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware that could prevent Developer from entering into or performing its obligations set forth in this Agreement. 34 45 IN WITNESS WHEREOF, the Parties have executed this Development Agreement effective as of the Operative Date. CITY OF MOORPARK ATTEST: Maureen Benson, City Clerk MP GROUP, LLC, a California limited liability company By: Pacific Housing, LLC, Manager By e ~ { ~ Christine Chung, Manager MOORPARK HOMES, LLC, a California limited liability company By: Pacific Communities Builder, Inc., Manager MENT, LLC, a California limited liability company By: e IL<A"6 e ,"'7_ Christine Chung, Manager -35- 46 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ciro~ On oq / ZR'/~ 17 I ~~ dTT~~ personally appeared -~½-'---'r'----'-)5_1J_1_'r~l-~'-----------.-=:<.L-~--1-_,,_,,.CL.>oo<-LL-_;__----'-.=..c...-=-r-1------ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -Notary Public • California WITNESS my hand and official seal. i • Orange County ~ J CommI$sion # 2151875 ~ 0 0 0 0 0 .Ml S0TT· excIr:s.M:vJ,J~2if Place Notary Sea/ Above ----------------oPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ xx,x,~~~~'¥<'-~rn¼~~~'@;,'@,_'@&_~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 47 CITY OF MOORPARK 799 Moorpark Avenue, Moorpark, California 93021 I Phone (805) 517-6200 I Fax (805) 532-2205 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK PUBLIC AGENCY FORM OF ACKNOWLEDGMENT ss. On this 4th day of October in the year 2017, before me, Maureen Benson, City Clerk of the City of Moorpark, personally appeared Janice S. Parvin, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who is personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity as the Mayor of the City of Moorpark, and that by her signature on the instrument, acknowledged to me that the City executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and Official Seal Maureen Benson City Clerk JANICE S. PARVIN Mayor ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember MARK VANDAM Councilmember 48 EXHIBIT "A" LEGAL DESCRIPTION Order Number: NHSC-5540106 (tc) Page Number: 11 Real property in the City of Moorpark, County of Ventura, State of California, described as follows: PARCEL 1: (APN: 506-0-030-255) THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUN1Y OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, BEING ALSO THE NORTHERLY LINE OF SAID LOT K, DISTANT ALONG SAID CENTERLINE WEST 1164. 74 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT K, THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER 29, 1954 IN BOOK 1230, PAGE 465 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, 1ST: WEST 526.46 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LAND OF APOLONIO R. CORONADO AND THE SOUTHERLY PROLONGATION THEREOF, 2ND: SOUTH 1278.52 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT K; THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY LINE OF SAID LOT K BY THE FOLLOWING TWO COURSES, 3RD: NORTH 24° 00' EAST 571.36 FEET TO AN ANGLE POINT; THENCE, 4TH: EAST 294.07 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND OF APOLONIO R. CORONADO; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND, 5TH: NORTH 756.55 FEET TO THE POINT OF BEGINNING. EXCEPT THE INTEREST IN THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, AS CONVEYED TO VENTURA COUN1Y, BY DEED DATED APRIL 6, 1889, RECORDED IN BOOK 28, PAGE 190 OF DEEDS. ALSO EXCEPT 50 PERCENT OF ALL OIL, GAS AND MINERAL RIGHTS, AS RESERVED BY APOLONIO R. CORONADO, ET AL., IN DEED RECORDED DECEMBER 8, 1955 IN BOOK 1358, PAGE 533 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS. PARCEL 2: (APN: 506-0-030-205) PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUN1Y OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET First American 77tle 36 49 Order Number: NHSC-5540106 (tc) Page Number: 12 MEASURED ALONG SAID CENTERLINE FROM THE NORTHEAST CORNER OF SAID LOT K; THENCE, 1ST: SOUTH 00° 02' 05" WEST 59.00 FEET TO THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, 2ND: SOUTH 00° 02' 05" WEST 774.21 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT K; THENCE, 3RD: NORTH 65° 57' 10" WEST 188.46 FEET ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT THEREIN; THENCE, 4TH: NORTH 89° 57' 10" WEST 577.79 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER 29, 1954 IN BOOK 1239, PAGE 465 OF OFFICIAL RECORDS; THENCE, 5TH: NORTH 00° 02' 49" EAST 697.56 FEET TO A POINT IN THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE; THENCE, 6TH: SOUTH 89° 57' 10" EAST ALONG SAID SOUTHERLY R/W, 749.79 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM, ONE-HALF OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, BUT WITHOUT THE RIGHT OF SURFACE ENTRY ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND, AS RESERVED BY APOLONIO R. CORONADO AND LADISLADA T. CORONADO, IN DEED RECORDED MAY 11, 1954 IN BOOK 2538, PAGE 353 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS. ALSO EXCEPT THE INTEREST IN SAID LAND EXCEPTED IN THE FOLLOWING DEEDS: DEED FROM APOLONIO R. CORONADO AND LADISLADA CORONADO, HUSBAND AND WIFE, RECORDED NOVEMBER 23, 1955 IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES. DEED FROM NEIL A. MAHONY AND MARYL. MAHONY, HUSBAND AND WIFE, RECORDED APRIL 21, 1960 IN BOOK 1859, PAGE 78 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES. PARCEL 3: (APN: 506-0-030-180) THAT PORTION OF SUBDIVISION "M" OF THE RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 3, PAGE 7 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID SUBDIVISION "M", WITH THE CENTERLINE OF THE STRIP OF LAND, 160 FEET WIDE, DESCRIBED IN THE EASEMENT FROM LIBERTY BELL RANCH TO VENTURA COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1392, PAGE 391 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, 1ST: NORTH 24° 00' EAST 471.37 FEET ALONG SAID NORTHWESTERLY LINE TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG A NORTHERLY LINE, First American Tttle 37 50 Order Number: NHSC-5540106 (tc) Page Number: 13 2ND: EAST 409.22 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO NEIL A. MAHONY AND MARY L. MAHONY, RECORDED IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LAST MENTIONED DEED, 3RD: SOUTH 150.91 FEET TO THE CURVED CENTERLINE OF SAID STRIP OF LAND, A RADIAL LINE BEARS NORTH 18° 14' 55" WEST; THENCE ALONG SAID CENTERLINE, BEING A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,000 FEET, 4TH: WESTERLY 129.83 FEET THROUGH A CENTRAL ANGLE OF 7° 26' 20"; THENCE TANGENT TO SAID CURVE, 5TH: SOUTH 64° 18' 45" WEST 533.33 FEET TO THE POINT OF BEGINNING. PARCEL 4: (APN: 506-0-030-245) PARCEL BAS SHOWN ON LOT LINE ADJUSTMENT NO 2000-12, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 23, 2001 AS INSTRUMENT NO. 2001-0013825 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, AT THE NORTHWESTERLY CORNER OF SAID LOT K; THENCE, ALONG SAID CENTERLINE, EAST 306.62 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO ARTHUR BARON AND WIFE, RECORDED DECEMBER 8, 1953 IN BOOK 1358, PAGE 533 OF OFFICIAL RECORDS; THENCE, ALONG THE WEST LINE OF SAID LAND OF BARON, SOUTH 1,278.52 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT K, SHOWN ON SAID MAP AS "NORTH 24° EAST 11.32"; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 24° WEST 176.17 FEET TO THE SOUTHWESTERLY TERMINUS OF SAID SOUTHEASTERLY LINE; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT K, SHOWN ON SAID MAP AS "EAST 3.56", WEST 234.96 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT K; THENCE ALONG THE WESTERLY LINE OF SAID LOT K, NORTH 1,439.46 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THAT CERTAIN EASEMENT 160 FEET WIDE AS DESCRIBED IN THE DEED TO THE VENTURA COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 30, 1956 IN BOOK 1392, PAGE 456 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, 60 FEET WIDE, AS CONVEYED TO VENTURA COUNTY, AS A PUBLIC HIGHWAY, BY DEED DATED APRIL 6, 1889 RECORDED IN BOOK 28, PAGE 190 OF DEEDS. ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET THEREOF, AS DESCRIBED IN LOT LINE ADJUSTMENT NOS. 2000-01 TO 2000-11, RECORDED JANUARY 23, 2001 AS INSTRUMENT NO. 01- 0013825 OF OFFICIAL RECORDS. First American 77tle 38 51 Order Number: NHSC-5540106 (tc) Page Number: 14 ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS. ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K, SAID POINT ALSO BEING THE NORTHEASTER CORNER OF SAID BROWN-LIVINGSTON SUBDIVISION; THENCE, ALONG THE WESTERLY LINE OF SAID LOT K, SAID LINE ALSO BEING THE EASTERLY LINE OF THE BROWN-LIVINGSTON SUBDIVISION, SOUTH 00° 05 '00" EAST A DISTANCE OF 1,098.00 FEET TO THE SOUTHEAST CORNER OF LOT 12, IN THE BROWN-LIVINGSTON SUBDIVISION TRACT, AS PER MAP RECORDED IN BOOK 22, PAGE 87 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID WESTERLY LINE OF SAID LOT K, SOUTH 00° 05' 00" EAST A DISTANCE OF 110.46 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 12; THENCE, NORTH 64° 10' 37" EAST A DISTANCE OF 5.55 FEET TO A LINE PARALLEL WITH SAID WESTERLY LINE OF LOT K; THENCE, NORTH 00° 05' 00" WEST A DISTANCE OF 108.05 Fi:ET; THENCE SOUTH 89° 55' 00" WEST A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: (APN: 506-0-050-525) PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, AT THE NORTHEASTERLY CORNER OF SAID LOT K; THENCE, 1ST: SOUTH 00° 02' 55" WEST 1018.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT K; THENCE, 2ND: NORTH 65° 53' 39" WEST 16.43 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO THE TRUE POINT OF BEGINNING, THENCE, 3RD: NORTH 65° 53' 39" WEST 437.78 FEET ALONG SAID SOUTHERLY LINE TO AN ANGEL POINT IN THE SAID SOUTHERLY LINE OF LOT K; THENCE, 4TH: NORTH 00° 02' 05" EAST 442.21 FEET; THENCE, 5TH: SOUTH 89° 57' 10" EAST 384.38 FEET TO THE WESTERLY LINE OF DEED RECORDED MAY 4, 1993, AS DOCUMENT NO. 93-079362 OF OFFICIAL RECORDS; THENCE, 6TH: SOUTH 01° 57' 54" EAST 14.55 FEET; THENCE, First American 77tle 39 52 7TH: SOUTH 89° 57' 05" EAST 7.03 FEET; THENCE, 8TH: SOUTH 04° 31' 30" EAST 99.64 FEET; THENCE, Order Number: NHSC-5540106 (tc) Page Number: 15 9TH: SOUTH 00° 02' 55" WEST 506.82 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL AND GAS THEREON, AS RESERVED BY APOLONIO R. CORONADO AND LEE N. CORONADO, IN DEED RECORDED AUGUST 3, 1954 IN BOOK 1219, PAGE 406 OF OFFICIAL RECORDS. PARCEL 6: (APN: 506-0-050-515) PARCEL BAS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT K IN TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET MEASURED ALONG SAID CENTERLINE FROM THE NORTHEAST CORNER OF SAID LOT K; THENCE, 1ST: SOUTH 00° 02' 05" WEST 59.00 FEET TO THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, 2ND: SOUTH 00° 02' 05" WEST 332.00 FEET; THENCE, 3RD: SOUTH 89° 57' 10" EAST 214.87 FEET; THENCE, 4TH: NORTH 00° 02' 55" EAST 332.00 FEET TO A POINT IN THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE; THENCE, 5TH: NORTH 89° 57' 10" WEST 214.95 FEET ALONG SAID SOUTHERLY R/W LINE TO THE TRUE POINT OF BEGINNING. EXCEPT AN UNDIVIDED 1/2 INTEREST IN ALL OIL AND GAS THEREON, AS RESERVED BY APOLONIO R. CORONADO, A MARRIED MAN AND LEE R. CORONADO, A SINGLE MAN, IN DEED RECORDED AUGUST 3, 1954 IN BOOK 1219, PAGE 406 OF OFFICIAL RECORDS. Rrst American Tltle 40 53 EXHIBIT "B" LEGAL DESCRIPTION within LOT "K" TRACT L, RANCHO SIMI per 5MR5 That portion of Parcel "C" of that certain "Notice of Approval for Lot Line Adjustment" No.99-1, in the City of Moorpark, County of Ventura, State of California, recorded as Document No. 1999- 0221273-00 of Official Records, being a portion of Lot "K", Tract "L", Rancho Simi as per map filed in Book 5, Page 5 of Miscellaneous Records (Maps), All in the Office of the County Recorder of said County more particularly described as follows: BEGINNING at the southeast comer of said Parcel "C" being a point of intersection with the south line of said Lot "K" and the west line of Leta Yancy Road ( formed y Liberty Bell Road, 40 feet wide) as shown on the Map of Tract No. 4147 filed in Book 112, Page 7 of Miscellaneous Records (Maps) of said County; pt Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24 feet to a point of intersection with the west line of the land described in the deed recorded May 4, 1993 as Document No. 93-079362 of Official Records; 2nd Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a point of intersection with a line which is parallel with and 490.94 feet south of the north line of Lot "K", said north line also being the centerline of Los Angeles A venue; 3rd Thence, along said parallel line North 89°32'10"West 178.78 feet; 4 th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with the south line of said Lot "K"; 5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT OF BEGINNING. CONTAINING: SUBJECT TO: EXHIBIT "B": 1.993 Acres, more or less. All covenants, Rights, Rights-of-Way and Easements of record. Attached and by this reference made a part hereof. 9/25/2017 Matthew J. Vernon PLS 7553 Page 1 of 1 41 Date 7179-EX00 l.docx 54 EXHIBIT "B" I I I LOS ANGELES AVE N89° 32' 1 O"W ___,.___-+-----~ N. LINE LOT K . "<:j- (J) 0 (J) "<:j- N89°32'10"W 178.78' :s:: • 0 0::: >-u z <( >- <( I-w _J 1~ UNIDOS AVE 0 ,.., II ';... ~ u Vl N CD : LO oLO N" • r--) [IT z JAMES WEAK AVE- S. LINE LOT K 9/27/2017 N 'Sj" 'Sj" w 0 LO r---- N 0 0 0 z I'--...-- 0 0 v z 'Sj" N (J) 0 LO I w, LO i !VILLA AVE 40' MATTHEW J. VERNON, PLS DATE Michael Baker INTERNATIONAL 5051 Verdugo Way, Suite 300 Camarillo, CA 93012 Phone: (805) 383-3373 • MBAKERINTL.COM ~ DRAWN BY: CC DATE: 9/25/2017 SCALE: 1"=130' H:\PDATA\10107179\CADDIMAPPINGIEXHIBITS\7179-EX001.DWG MVERNON 10/28/16 9:34 am 42 CLIENT: JOB No: FILE: PACIFIC COMMUNITY BUILDERS 129998 7179-EX001.DWG SHT 1 OF 1 55 EXHIBIT "C" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: c/o Pacific Communities 1000 Dove Street, Suite 300 Newport Beach, CA 92660 Attn: Nelson Chung 43 0 w. ,• .m.. .. t~ ~ ·-~~0 i'~ l: ~· . -~ BASIN IMPROVEMENT CHANNEL IMPOVEMENT GELES!:&YENDE -..l LEGEND TRACT BOUNDARY TR5882-O1 WATER IMPROVEMENT TR5882-O1 STORM DRAIN IMPROVEMENTS y I 11-: POINT OF CONNECTION ON-SITE STREETS, SEWER AND WATER IMPROVEMENTS TR5882-01 PHASE 1 PROPOSED IMPROVEMENTS EXHIBIT DATE: 12/4/2023 PC ATTACHMENT 2 PREPARED BY: N.T.S. PROACTIVE LEGEND TRACT BOUNDARY ON-SITE STREETS, SEWER AND WATER IMPROVEMENTS I I I TR5882-02 PHASE 2 PROPOSED IMPROVEMENTS EXHIBIT ENGINEERING CONSULTANTS 200 South Main Street, Suite 300 Comna,CA92882 (951)28()..3300 DATE: 12/4'2023 iL __ _____..:~ _______________ _____;;;;,;;,_;.,;;..;;;;,;.,._____. ~ § &l J 1 E: ..'l-'!1 "' I "' ~ "' ~-~ c:, -.I ~ 't N.T.S. 39 "' 41 42 43 44 PREPARED BY: PROACTIVE LEGEND TRACT BOUNDARY ON-SITE STREETS, SEWER AND WATER IMPROVEMENTS I I I TR5882-03 PHASE 3 PROPOSED IMPROVEMENTS EXHIBIT ~ ~L_ __ ______:::_ ____________________ ____. ENGINEERING CONSULTANTS 200 South Main Street, Suite 300 Corona, CA 92882 (951) 280-3300 DATE: 12/4'2023 § &l J 1 I "' I "' ~ "' ~-~ c:, -.I 't PREPARED BY: N.T.S. PROACTIVE LEGEND TRACT BOUNDARY ON-SITE STREETS, SEWER AND WATER IMPROVEMENTS LETA YANCY ROAD IMPROVEMENTS TR5882-04 \ N.AP I PHASE 4 PROPOSED IMPROVEMENTS EXHIBIT ~ ~L_ __ ______:::_ ____________________ ____. ENGINEERING CONSULTANTS 200 South Main Street, Suite 300 Corona, CA 92882 (951) 280-3300 DATE: 12/4'2023 ? "t, ~ J, "' ~ ,d ,,1 -<: ~ "' .,; 1l it .,J c:, I ~ ~ ~ 0" ill ;i: ti i -~ 't e ~ t' " ~ :!l ~ t"\. t. '(_ ~ '< t ft 1 a.. ~ /{ I ~ a.. t1, c:1 :2 ;:' ~ /, ~ ;; §_11 I "' -~ e c::, § ~ ,g J \( 1 E: .J ,ll-~ I "' ~ "' N.T.S. ,.-c:, ~ i ~ PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS 200 South Main Street, Suite 300 Corona, CA 92882 (951) 280-3300 ARROYO SIMI LEGEND TRACT BOUNDARY ON-SITE STREETS, SEWER AND WATER IMPROVEMENTS I TR5882-05 PHASE 5 PROPOSED IMPROVEMENTS EXHIBIT DATE: 12/4'2023 RESOLUTION NO. PC-2024-705 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT NO. 2016-01 BETWEEN THE CITY OF MOORPARK AND M.P. GROUP LLC, MOORPARK HOMES LLC AND CLP INVESTMENT LLC, AND CONSIDER A RESOLUTION AMENDING THE CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01, ON THE APPLICATION OF NELSON CHUNG OF PACIFIC COMMUNITIES (ON BEHALF OF M.P. GROUP LLC, MOORPARK HOMES LLC, AND CLP INVESTMENT LLC) WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State Planning and Zoning Law provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of property within the jurisdiction; and WHEREAS, on April 15, 2016, M.P. Group LLC, Moorpark Homes, LLC and CLP Investment LLC, (“Owners”) known collectively as Pacific Communities (“Applicant”), applied to the City for entitlements to build a residential project including 284 residential dwelling units on the properties located on Los Angeles Avenue and Leta Yancy Road (APNs 506-0-030-180, 506-0-030-195, 506-0-050-525, 506-0-050-515, 506-0-030-205, 506-0-030-255, and 506-0-030-245) (“Project Site”) in the City of Moorpark (the “City”) (the “Project”); and WHEREAS, on August 22, 2017, the Planning Commission adopted Resolution No. PC-2017-620, recommending the City Council determine the Project consistent with the General Plan per Government Code 65402, adopt the Project Mitigated Negative Declaration (“MND”) and approve General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development (“RPD”) No. 2016-01, Vesting Tentative Tract Map (“VTTM”) No. 5882, and Development Agreement No. 2016-01 (“DA”); and WHEREAS, on September 20, 2017, the City Council adopted Resolution Nos. 2017-3626 and 2017-3627, adopting a MND and Mitigation Monitoring and Reporting Program (MMRP) for the Project, approving General Plan Amendment No. 2016-01, Zone Change No. 2016-01, RPD No. 2016-01, and Vesting Tentative Tract Map No. 5882, for a residential development consisting of 284 residential units and associated land improvements located on 38.73 acres of land located on the south side of Los Angeles Avenue and the west side of Leta Yancy Road on an application of the Applicant, and finding the Project consistent with the General Plan per Government Code 65402; and WHEREAS, on October 4, 2017, the City Council adopted Ordinance No. 453 approving Zone Change No. 2016-01 to change the zoning on the Project Site from Commercial Planned Development, RPD-7U, and RPD-7.5U to RPD-9U, RPD-20U, and Open Space, and adopted Ordinance No. 454, approving DA No. 2016-01; and 61PC ATTACHMENT 3 Resolution No. PC-2024-705 Page 2 WHEREAS, on September 20, 2017, the City Council adopted Resolution No. 2017-3627 approving Residential Planned Development Permit No. 2016-01 and associated Conditions of Approval; and WHEREAS, on October 4, 2017, the DA was executed by the City of Moorpark and the Owners, and the DA was recorded on October 10, 2017, by Instrument No. 20171011-00132051-0; and WHEREAS, on April 13, 2023, the Applicant applied for the First Amendment to the DA (“Exhibit A”) and Amendments to the Conditions of Approval for Residential Planned Development Permit No. 2016-01 (“Exhibit B”) and has agreed to the terms as outlined in the First Amendment to the DA and amendments to the Conditions of Approval for Residential Planned Development Permit No. 2016-01 to address phasing of the final map and changes to the affordable housing requirement for the Project; and WHEREAS, the Community Development Director has determined that the First Amendment to the DA and amendments to the Conditions of Approval are consistent with the Mitigated Negative Declaration adopted for the original project, including Residential Planned Development No. 2016-01; and WHEREAS, the Community Development Director has determined that the proposed reduction of 25 low-income housing units through the payment of an affordable housing in lieu fee of $4,186,000, would not result in a loss of required housing units within the lower income category identified for the Regional Housing Needs Assessment (“RHNA”). The 2021-2029 Housing Element would maintain 629 lower income housing units, where 610 lower income housing units are required to be identified for RHNA; and WHEREAS, pursuant to California Government Code Section 65867 and Moorpark Municipal Code Section 15.40.080, a duly noticed public hearing was conducted by the Planning Commission on March 19, 2024, to consider the First Amendment the DA and amendments to the Conditions of Approval and to accept public testimony related thereto; and WHEREAS, the Planning Commission has considered all points of public testimony relevant to the First Amendment to the DA and the amendments to the Conditions of Approval and has given the matter careful consideration. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct. SECTION 2. California Environmental Quality Act (“CEQA”). The Planning Commission concurs with the Community Development Director that the First 62 Resolution No. PC-2024-705 Page 3 Amendment to the Development Agreement and the amendments to the Conditions of Approval are consistent with, and within the scope of the MND adopted for the Residential Planned Development Permit No. 2016-01. The MND determined that there are no significant impacts with the inclusion of specific mitigation measures identified in the MND Mitigation Monitoring and Reporting Program. The proposed amendments to the DA and Conditions of Approval do not present any additional environmental impacts. SECTION 3. Development Agreement Findings. The Planning Commission finds and declares that: A. The provisions of the First Amendment to the Development Agreement are consistent with the General Plan land use designation, help achieve the goals of the Land Use Element and Housing Element and are consistent with the goals and policies of all other elements. The development of a residential project in accordance with the General Plan achieves a well- balanced and diversified economy and provides a variety of housing options. In addition, further analysis was conducted to ensure that the payment of an affordable housing in-lieu fee of $4,186,000 instead of the construction of 25 low-income housing units remains consistent with the Housing Element. The City’s RHNA for the 2021-2029 planning period is 1,289 total units (610 lower, 245 moderate, and 434 above moderate). The City’s 2021-2029 Housing Element identified capacity for 2,491 total units (653 lower, 297 moderate, and 1,541 above moderate). Thus far in the 2021-2029 planning period, the City has approved entitlements for 19 accessory dwelling units at the lower income level. Approving the First Amendment to the Development Agreement would reduce the total number of units that can be accommodated on sites identified in the site inventory within the lower income category from 654 units to 629 units. However, this would retain a buffer of 19 lower income units beyond the original required RHNA allocation for the lower income category. The First Amendment also would result in an increase in the total number of above moderate-income units from 1,541 units to 1,566 units, where only 434 units were required to be identified originally. Due to the remaining buffer of 19 lower income units, and the fact that 19 lower income ADUs have been approved already, the proposed action would not result in a reduction of identified units below the required RHNA allocation. As required by Government Code Section 65863, the above analysis provides evidence that even with the approval of the First Amendment and the revised Project, the remaining sites identified in the housing element are adequate to accommodate the City’s RHNA allocation at all income levels. B. The provisions of the First Amendment to the Development Agreement are consistent with this chapter 15.40 of the Moorpark Municipal Code because the Development Agreement contains the elements required by Section 63 Resolution No. PC-2024-705 Page 4 15.40.030 and has been processed through a duly noticed public hearing, as required by law. SECTION 4. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the Planning Commission recommends that the City Council adopt an Ordinance approving the First Amendment to DA No. 2016-01, a draft of which is included as Exhibit A to this Resolution and that the City Council adopt a Resolution approving amendments to the Conditions of Approval for Residential Planned Development Permit No. 2016-01, a draft of which is included as Exhibit B. SECTION 5. The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing action was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 19th day of March, 2024. Christopher Barrett Chair Carlene Saxton Community Development Director EXHIBIT A: Draft First Amendment to Development Agreement No. 2016-01 EXHIBIT B: Draft Amendments to Conditions of Approval 64 Resolution No. PC-2024-705 Page 5 -5- 12853-0018\2009855v4.doc 12853-0099\2834565v4.doc Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT by and between the CITY OF MOORPARK and M.P. Group, LLC (Pacific Communities), MOORPARK HOMES, LLC AND CLP INVESTMENT, LLC 65 Resolution No. PC-2024-705 Page 6 -6- 12853-0099\2834565v4.doc FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT the ("First Amendment") is made and entered into on ___________, 2024 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as "City"), MP Group, LLC. a California limited liability company (“MP Group”), MOORPARK HOMES, LLC. a California limited liability company (“Moorpark Homes”) and CLP INVESTMENT, LLC. a California limited liability company (“CLP”), the owners of real property within the City of Moorpark generally referred to as Residential Planned Development Permit 2016-01 (referred to hereinafter individually as "Developer"). City and Developer are referred to hereinafter collectively as a "Party" and collectively as the "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows: 1. Recitals. This First Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1 MP Group is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 1 (“Parcel 1”) in the legal description set forth in Exhibit “A” which exhibit is attached hereto and incorporated by reference. Moorpark Homes is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 2 (“Parcel 2”) in Exhibit “A”. CLP is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 3 (“Parcel 3”) in Exhibit “A” and that certain real property referred to herein as the “City Site” and more particularly described in Exhibit “B” attached hereto and incorporated by reference. Parels 1, 2, and 3 are referred to hereinafter collectively as the “Property”. 1.2 Developer and City entered into a Development Agreement for Vesting Tentative Tract Map No. 5882 on October 4, 2017, which was recorded on October 11, 2017, as Instrument Number 20171011-00132051-01/45 in the Official Records of Ventura County, California ("Development Agreement") with respect to the Property and in connection with the development of 153 small lot single-family homes, 131 detached condominium homes, a 21,816 square foot recreation center, a 23,668 square foot linear park, associated roadways and infrastructure, detention basins and other improvements on the approximate 38.52 acre site (“Project”);and 1.3 Sections 6.13 and 6.14 of the Development Agreement obligate Developer to provide (i) twenty-five (25) dwelling units to be sold to buyers who meet the criteria of low-income (80% of median income); and (ii) a 1.6 acre parcel of land (“City Site”) to satisfy the requirement to 66 Resolution No. PC-2024-705 Page 7 -7- 12853-0099\2834565v4.doc provide units for buyers who meet the criteria of very low-income (50% of median income); and 1.4 Section 6.13 of the Development Agreement also provides that prior to recordation of the first final Tract Map for Tract 5882, the City Council must approve an Affordable Housing Agreement and a Purchase and Sale Agreement, that are consistent with the Development Agreement, in order to provide for the sale of the twenty-five (25) dwelling units to qualified low- income buyers and the conveyance of the City Site to the City; and 1.5 On or about December 19, 2019, Developer and the City entered into that certain Affordable Housing Agreement (“AHA”), which was recorded against the Property on December 26, 2019, as Instrument No. 20191226-00164341- 01/24. Pursuant to that AHA, Developer agreed to comply with a series of requirements for the construction and sale of 25 affordable units; and 1.6 In 2023, Developer prepared an updated financial feasibility analysis of the affordable housing obligations in the Development Agreement and the Affordable Housing Agreement and has asserted that, with those obligations, the Project is not financially feasible. Accordingly, the Developer has requested that the Developer be relieved of the requirement to construct 25 units of affordable housing and instead pay an affordable housing in-lieu fee of $4,186,000 (the “In-Lieu Fee”). The City has considered Developer’s request and retained an independent financial consultant to advise the City on the request; and 1.7 Developer and City now mutually desire to amend the Development Agreement to remove the requirement for the Developer to construct twenty-five (25) dwelling units to be sold to buyers who meet the criteria of low-income (80% of median income) and replace it with the requirement for the Developer to pay the City the In-Lieu Fee while at the same time retaining the provision in the Development Agreement that Developer convey to the City a 1.6 acre City Site parcel to satisfy the requirement to provide units for buyers who meet the criteria of very-low- income (50% of median income); and 1.8 With the payment of the In-Lieu Fee pursuant to this First Amemdment, the AHA is no longer needed and may be terminated. 1.9 On April 25, 2023, the Developer applied for the First Amendment to request changes to the affordable housing requirement outlined in the original Agreement, which resulted in the removal of the requirement to construct 25 low-income for-sale units and replacement with the required payment of an affordable housing in-lieu fee. 1.10 On December 19, 2023, the Planning Commission commenced a duly noticed public hearing on the First Amendment, and at the conclusion of the 67 Resolution No. PC-2024-705 Page 8 -8- 12853-0099\2834565v4.doc hearing on ____________, 2023 recommended approval of this Agreement. 1.11 On _____________, 2023, the City Council commenced a duly noticed public hearing on the First Amendment, and following the conclusion of the hearing closed the hearing and approved the First Amendment, incorporated herein, by adoption of Ordinance No. ___ (“Enabling Ordinance”) on _________,2023. 2. Section 3.2 (Release Upon Subsequent Transfer) is hereby amended to read as follows: 3.2 “Release Upon Subsequent Transfer. Upon the conveyance of Developer’s interest in the Property or any portion thereof by Developer or its successor(s) in interest, the transferor shall be released from its obligations hereunder arising after the conveyance with respect to the portion of Property conveyed as of the effective date of the conveyance, provided that the transferee expressly assumes all obligations of the transferred portion of the Property and a copy of the executed assignment and assumption agreement is delivered to the City prior to the conveyance. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such conveyance. Notwithstanding the foregoing, this Agreement shall not be binding upon the transferee of a Completed Unit with respect to the transferee’s interest in such Completed Unit, and the rights and obligations of Developer under this Agreement shall not run with the portion of the Property that is conveyed with the Completed Unit after such conveyance of the Completed Unit by Developer or its successor in interest. For purposes of this Agreement, “Completed Unit” means a completed residential unit within the Property for which the City has issued a certificate of occupancy.” 3. Section 6.13 (Densities Allowed for Development and Affordable Housing Fee) is hereby amended to read as follows: 6.13 “Affordable Housing Fee. (a) Developer agrees that densities vested and incentives and concessions received in the Project Approvals include all densities available as density bonuses and all incentives and concessions to which Developer is entitled under the Moorpark Municipal Code, Government Code Sections 65915 through 65917.5 or both; Developer shall not be entitled to further density bonuses or incentives or concessions and further agrees, in consideration for the density bonus obtained through the Project Approvals that is greater than would otherwise be available. 68 Resolution No. PC-2024-705 Page 9 -9- 12853-0099\2834565v4.doc (b) The Developer agrees to pay an in-lieu fee for the community benefit of Affordable Housing (“Affordable Housing Fee”) prior to the issuance of the first building permit for a residential unit. The Affordable Housing Fee may be expended by the City in an effort to further fair housing. The amount of the Affordable Housing Fee shall be a flat fee of Four Million One-Hundred and Eighty Six Thousand Dollars ($4,186,000.00), in-lieu of providing twenty-five (25) residential units for low-income households. If the Affordable Housing Fee is unpaid as of January 1, 2025, then on such date and annually thereafter, the Affordable Housing Fee shall be adjusted by any increase in the CPI until the Affordable Housing Fee has been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for All Urban Consumers within the Los Angeles/Long Beach/Anaheim metropolitan area during the prior year. The calculation shall be made using the month of January over the month of January from the prior year or in the event there is a decrease in the CPI for any annual indexing, the Affordable Housing Fee shall remain at its then current amount until such time as the next subsequent annual January indexing which results in an increase. By paying the Affordable Housing Fee, the Developer shall have met its Affordable Housing obligations. (c) Concurrently with and subject to the City's payment to CLP of the Purchase Price for the City Site pursuant to Subsection 6. 14 and the Purchase and Sale Agreement (as those terms are defined in Subsection 6.14, Developer shall pay City a one-time fee in the amount of One Million Five Hundred Thousand Dollars ($1,500, 000.00) or the appraised fair market value of the City Site, as defined in Subsection 6. 14, whichever is less, in-lieu of providing seventeen (17) residential units for very-low income households.” 4. Section 6.20 (CPI Indexes) is hereby amended to read as follows: 6.20 “CPI Indexes. In the event the “CPI” referred to in Sections 6.3, 6.6, 6.7, 6.8, 6.13, and 6.14 (l), or the Bid Price Index referred to in Section 6.4, 6.7 and 6.26 are discontinued or revised, a successor index with which the “CPI” and or Bid Price Index are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the “CPI” and Bid Price Index had not been discontinued or revised.” 5. Section 6.21 (Proposed Mello-Roos Community Facilities District) is hereby amended to read as follows: 6.21 “Proposed Mello-Roos Community Facilities District. Developer agrees that if a Mello-Roos Community Facilities District (CFD) is formed consistent 69 Resolution No. PC-2024-705 Page 10 -10- 12853-0099\2834565v4.doc with Section 7.3 of this Agreement, Developer shall submit the required deposit and reimbursement agreement to fund all City costs associated with the proposed CFD formation. Developer also agrees that the City Council upon the conclusion of the public hearing required by applicable law and in its sole and unfettered discretion may abandon establishment of the CFD. Developer agrees that any CFD bond proceeds in the Project Improvement Fund in excess of the amount required to fund authorized costs, including any City and CFD consultant costs associated with the redemption of bonds shall be applied to redeem a portion of the bonds, consistent with applicable provisions of State and Federal laws and regulations. Developer also agrees that if a CFD is authorized, the CFD may include on- going annual special taxes for services provided to the Project. Developer further acknowledges and agrees that the City Council shall determine the total amount of CFD bonds to be sold and the amount Developer may receive as reimbursement from the CFD bonds proceeds. If a CFD is authorized and formed, Developer shall include a disclosure to the initial third party buyer of each residential dwelling unit in the Project. The form and language of the disclosure shall be approved by the City Attorney and Community Development Director and shall conform to all requirements of the applicable State agencies pertaining to real estate disclosure.” 6. Section 11.4 (Remedies for Breach) is hereby amended to read as follows: 11.4 “Remedies for Breach. The Parties acknowledge that remedies at law,including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible of possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of this Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by the City shall be injunctive relief and/ or specific performance. The remedies for breach of the Agreement by the Developer shall be injunctive relief and/or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsection 6. 13 or 6.14 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11. 3 hereof until the date that the breach is cured as provided in the notice of violation. 70 Resolution No. PC-2024-705 Page 11 -11- 12853-0099\2834565v4.doc Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against Developer if it violates any City ordinance or State statute. No delay or omission to exercise any remedy upon the occurrence of any default hereunder shall impair any such remedy or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient a Party. Notwithstanding the previous provisions of the Section, Developer shall not be entitled to monetary damages for breach of this Agreement by City or consequential damages incurred that are the result of that breach. In addition, in the event this Agreement is terminated by City pursuant to the provisions of Chapter 15.40 of the Moorpark Municipal Code, and such termination is found invalid or unenforceable by a court of competent jurisdiction, Developer shall not be entitled to monetary damages for the termination or consequential damages incurred that are the result of the termination.” 7. Operative Date. As described in Section 1.5 above, this First Amendment shall become operative on the Operative Date of the First Amendment, being the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 8. Entire Agreement. This First Amendment Agreement, together with the Agreement, and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 9. Severability. If any provision of this First Amendment is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 10. Recordation of First Amendment. This First Agreement shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 11. Authority to Execute. Developer warrants and represents that to its knowledge as of the Operative Date of this First Amendment and with respect to each entity that is defined as Developer: ( i) it is duly organized and existing; ( ii) it is duly authorized to execute and deliver this Agreement; ( iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement; ( iv) Developer's entering into and performance of its obligations set forth in this Agreement do not 71 Resolution No. PC-2024-705 Page 12 -12- 12853-0099\2834565v4.doc violate any provision of any other agreement to which Developer is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware that could prevent Developer from entering into or performing its obligations set forth in this First Amendment and the Agreement. IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Development Agreement effective as of the Operative Date of the First Amendment. CITY OF MOORPARK __________________________ Chris R.Enegren, Mayor ATTEST: __________________________ Ky Spangler, City Clerk MP GROUP, LLC a California limited liability company By: Pacific Housing, LLC, Manager By: __________________________ Christine Chung, Manager MOORPARK HOMES, LLC a California limited liability company By: Pacific Communities Builder, Inc., Manager By: __________________________ Neslon Chung, President CLP INVESTMENT, LLC A California limited liability company By: __________________________ Christine Chung, Manager 72 Resolution No. PC-2024-705 Page 13 A-13- 12853-0099\2834565v4.doc 73 EXHIBIT "A" LEGAL DESCRIPTION Order Number: NHSC-5540106 (tc) Page Number: 11 Real property in the City of Moorpark, County of Ventura, State of California, described as follows: PARCEL 1: (APN: 506-0-030-255) THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUN1Y OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, BEING ALSO THE NORTHERLY LINE OF SAID LOT K, DISTANT ALONG SAID CENTERLINE WEST 1164.74 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT K, THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER 29, 1954 IN BOOK 1230, PAGE 465 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, 1ST: WEST 526.46 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LAND OF APOLONIO R. CORONADO AND THE SOUTHERLY PROLONGATION THEREOF, 2ND: SOUTH 1278.52 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT K; THENCE ALONG THE SOUTHEASTERLY AND SOUTHERLY LINE OF SAID LOT K BY THE FOLLOWING TWO COURSES, 3RD: NORTH 24° 00' EAST 571.36 FEET TO AN ANGLE POINT; THENCE, 4TH: EAST 294.07 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND OF APOLONIO R. CORONADO; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND, 5TH: NORTH 756.55 FEET TO THE POINT OF BEGINNING. EXCEPT THE INTEREST IN THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, AS CONVEYED TO VENTURA COUN1Y, BY DEED DATED APRIL 6, 1889, RECORDED IN BOOK 28, PAGE 190 OF DEEDS. ALSO EXCEPT 50 PERCENT OF ALL OIL, GAS AND MINERAL RIGHTS, AS RESERVED BY APOLONIO R. CORONADO, ET AL., IN DEED RECORDED DECEMBER 8, 1955 IN BOOK 1358, PAGE 533 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS. PARCEL 2: (APN: 506-0-030-205) PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUN1Y OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET First American Title Resolution No. PC-2024-705 Page 14 A-14- 12853-0099\2834565v4.doc 74 Order Number: NHSC-5540 106 (tc) Page Number: 12 MEASURED ALONG SAID CENTERLINE FROM THE NORT HEAST CORNER OF SAID LOT K; THEN CE, 1ST: SOUTH oo• 02' OS" WEST 59.00 FEET TO T HE SOUTHERLY R/W LINE OF LOS ANGELES AVENU E, SAID POINT BEJNG TH E TRUE POI NT OF BEGI NNI NG; THE NCE, 2ND : SOUTH 00° 02' 0 5" WEST 774.21 FEET TO A POll'IT IN TH E SOUTHERLY LINE OF SAID LOT K; THENCE, 3RD: NORTH 65° 57' 10" WEST 188.46 FEET ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT THEREI N; TH ENCE, 4TH : NORTH 89° 57' 10" WEST 577.79 FEET, MORE OR LESS, TO THE SOUTHWESTER LY CORNER OF THE LAND DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WI FE, RECORDED OCTOBER 29, 1954 I N BOOK 1239, PAGE 465 OF OFFICIAL RECORDS; T HENCE, 5TH: NORTH oo• 02 ' 4 9" EAST 697.56 FEET TO A POI NT I N TH E SOUTHERLY R/W LINE OF LOS ANGELES AV ENUE; T HENCE, 6TH: SOUTH 89° 57' 10" EAST ALONG SAID SOUTHERLY R/W, 749.79 FEET TO THE TRU E POI ITT OF BEGINNI NG. EXCEPT T HEREFROM, ONE-HALF OF ALL OIL, GAS, MI NERALS AND OTH ER HYDROCARBON SUBSTANCES, BUT WITHOUT TH E RIGHT OF SURFACE ENTRY ABOVE A DEPTH OF 500 FEET BELOW T HE SU RFACE OF SAID LAND, AS RESERVED BY APOLON IO R. CORONADO AND LADISLADA T. CORONADO, I N DEED RECORDED MAY 11, 1954 I N BOOK 2538 , PAGE 353 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF SAID LAND DEE DED TO TH E CITY OF MOORPARK BY A GRANT DEED RECORDED NOVEM BER 24, 2006 AS I NSTRU MENT NO. 06-248347 OF OFFICIAL RECORDS . ALSO EXCEPT TH E I NTEREST IN SAID LAND EXCEPTE D IN THE FOLLOWING DEEDS: DEED FROM APOLONIO R. CORONADO AND LADISLADA CORONADO, HUSBAND ANO WIFE, RECORDED NOVEMBER 23, 1955 IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL OI L, GAS, MI NERAL AND OTHER HYDROCARBON SUBSTANCES. DEED FROM NEI L A. MAHO NY AND MARYL. MAHONY, HUSBAND AND WIFE, RECORDED APRIL 21, 1960 IN BOOK 1859, PAGE 78 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL OIL, GAS, MI NERAL AN D OT HER HYDROCARBON SUBSTANCES. PARCEL 3: (APN : 506 -0•030-180 ) THAT PORTION OF SUBDIV ISIO N "M" OF THE RANCHO SIMI, I N THE CITY OF MOORPARK, COUNTY OF VENllJRA, STAT!: OF CALIFORNIA, AS PER MAP T HER EOF RECORDED I N BOOK 3, PAGE 7 OF MAPS, I N T HE OFflCE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEG I NNING AT T HE I NTERSECTION OF THE NORTHWESTERLY LINE OF SAI D SUBDIVI SION "M ", WITH T HE CENTERLINE OF THE STRI P OF LANO, 160 FEET WIDE, DESCRIBED I N T HE EASEMEITT FROM LIBERTY BEU RANCH TO VENTURA COUNTY FLOOD CONTRO L DISTRICT, RECORDED IN BOOK 1392 , PAGE 391 OF OFFICIAL RECORDS, IN THE OFFI CE OF THE COUNTY RECORDER OF SAID COUNTY; THE NCE, 1ST: NO RTH 24° 00' EAST 471.37 FEET ALO NG SAID NORTHWESTERLY LI NE TO AN ANGLE PO I NT THEREIN; TH ENCE CONTINUING ALONG A NORTHERLY LINE, Rrst American Title Resolution No. PC-2024-705 Page 15 A-15- 12853-0099\2834565v4.doc 75 Order Number: NHSC-5540 106 (tc) Page Number: 13 2ND: EAST 409.22 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN TH E DEED TO NEI L A. MAHONY AND MARY L MAHON Y, RECORDED IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, I N THE OFFI CE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALO NG T HE SOlJTHERLY PRO LONGATION OF T HE EASTERLY LINE OF SAID LAST MENTIONED DEED, 3RD: SOUTH 150.9 1 FEET TO TH E CURVED CENTERLINE OF SAID STRIP OF LAND, A RADIAL LINE BEARS NORTH 18° 14' 55" WEST; THENCE ALONG SAID CENTERLINE, BEING A CURVE CO NCAVE SOUTHERLY HAVING A RADI US OF 1,000 FEET, 4TH : WESTERLY 129.83 FEET TH ROUG H A CENTRAL ANGLE OF 7° 26' 20"; THENCE TANGENT TO SAID . OJRVE, STH: SOlJTH 64° 18' 45• WEST 533 .33 FEET TO TH E POI NT OF BEGINNI NG. PARCE L 4: (APN : 506-0-030-24 5) PARCEL BAS SHOWN ON LOT LINE ADJUSTMENT NO 2000-12, AS EVIDE NCE D BY DOCU MENT RECORD ED JANUARY 23, 2001 AS I NSTRUMENT NO. 2001-0013825 OF OFFI CIAL RECO RDS, BEI NG MORE PARTICULARLY DESCRIBED AS FO LLOWS: THAT PORTION OF LOT K, TRACT L, RANCHO SI MI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNI A, AS PER MAP RECORDED I N BOOK 5, PAGE 5 OF MAPS, lN TH E OFFICE OF THE COUNTY RECO RDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: . BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANG ELES AVENU E, 60 FEET WIDE, AT THE NORTHWESTERLY CORNER OF SAID LOT K; TH ENCE, ALONG SAID CENTERLINE, EAST 306 .62 FEET TO T HE NORTHWEST CORNER OF THE LAND DESCRIBED IN TH E DEED TO ARTHUR BARO N AND WIFE, RECORDED DECEMBER 8, 1953 IN BOOK 13 58, PAGE 533 OF OFFICIAL RECORDS; THENCE, ALONG THE WEST LINE OF SAID LAND OF BARON, SOUTH 1,278.52 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT K, SHOWN ON SAID MAP AS "NO RTH 24° EAST 11.32"; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 24° WEST 176.17 FEET TO T HE SOUTHWESTERLY TERMINUS OF SAID SOlJTHEASTERLY LINE; THENCE, ALONG THE SOUTHERLY LIN E OF SAIO LOT K, SHOWN ON SAID MAP AS "EAST 3.56", WEST 234.96 FEET TO THE SOUTHWESTERLY CORNER OF SAI D LOT K; THENCE ALONG TH E WESTERLY LINE OF SAID LOT K, NORTH 1,439.46 FEET TO THE POINT OF BEGI NNING. EXCEPT T HAT PORTION THEREOF LYI NG SOUTH ERLY AND SOUTHEASTERLY OF TH E SOUTHEASTERLY LIN E OF T HAT CERTAI N EASEMENT 160 FEET WIDE AS DESCRIBED IN THE DEED TO THE VENTURA COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 30, 1956 I N BOO K 1392, PAGE 456 OF • OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING WITH IN LOS ANGELES AVEN UE, 60 FEET WIDE, AS CONVEYED TO VENTURA COUNTY, AS A PUBLIC HIGHWAY, BY DEED DATED APRIL 6, 1889 RECORDED I N BOOK 28, PAGE 190 OF DEEDS. ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET T HEREOF, AS DESCRIBED I N LOT LINE ADJ USTMENT NOS . 2000-01 TO 2000 -11, RECORDED JANUARY 23, 200 1 AS I NSTRUMENT NO. 0 1- 0013825 OF OFFICIAL RECORDS. First American Title Resolution No. PC-2024-705 Page 16 A-16- 12853-0099\2834565v4.doc 76 Orde r Number: NHSC-5540106 (tc) Page Number: 14 Al.SO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE cm OF MOORPARK BY A GRANT DEED RECORDE D NOVEMBER 24, 2006 AS I NSTRUMENT NO. 06-248347 OF OFFICIAL RECXJRDS . Al.SO EXCEPT A PORTION OF T HE WESTERLY 5.00 FEET THEREOF, MORE PARTICULARLY DESCRIBED AS FO LLOWS : BEGI NNING AT THE NORTHWEST CORNER OF SAI D LOT K, SAID POINT ALSO BEING THE NORTHEASTER CORNER OF SAID BROWN-LIVINGSTON SUBD IVISION; THENCE, ALONG THE WESTERLY LINE OF SAID LOT K, SAID LI NE Al.SO BEING T HE EASTERLY LI NE OF THE BROWN-LIVI NGSTON SUBDIVISION, SOUTH 00° 05 '00" EAST A DISTANCE OF 1,098.00 FEET TO THE SOUTHEAST CORNER OF LOT 12, I N THE BROWN-LIVINGSTO N SUBDIVISI ON 'IBACT, AS PER MAP RECORDED I N BOOK 22. PAGE 87 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POI NT BEI NG THE T RUE POINT OF BEGINNING; THENCE, ALONG SAID WESTERLY LINE OF SAID LOT K, SOUTH 00 ° 05' oo· EAST A DISTANCE OF 110.46 FEET FROM THE SOUTHEAST CORN ER OF SAID LOT 12; THENCE, NORTH 64° 10' 37" EAST A DI STANCE OF 5.55 FEET TO A LINE PARALLEL Willi SAID WESTERLY LINE OF LOT K; THEN CE, NORTH 00° 05' oo· WEST A DISTANCE OF 108.05 FEET; T HEN CE SOUTH 89° 55' 00" WEST A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING . PARCEL 5: (APN : 506-0-050-525) PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1 , AS EVIDENCED BY DOCU MENT RECXJRDED DECEMBER 13, 1999 AS I NSTRUMENT NO. 1999-0221 273 OF OFFJCTAL RE CORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT K, TRACT L, RAN OiO SI MI, I N THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP T HEREOF RECORD ED IN BOOK 5, PAGE 5 OF MAPS, IN T HE OFFICE OF T HE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGI NNI NG AT A POINT IN THE CENTERLI NE OF LOS ANGELES AVEN UE, AT T HE NORTHEASTERLY CORN ER OF SAI D LOT K; TH ENCE, 1ST: SOUTH 00° 0 2' 55" WEST 1018.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT K; TH ENCE, 2ND: NO RTH 65° 53' 39" WEST 16.43 FEET ALONG T HE SOUTH ERLY LINE OF SAID LOT K TO THE TRUE POINT OF BEGINNI NG, THENCE, 3RD : NORTH 65° 53' 39" WEST 437.78 FEET ALONG SAID SOUTH ERLY LI NE TO AN ANGEL PO[NT I N TH E SAlO SOUTH ERLY LINE OF LOT K; THENCE, 4T H: NORTH 00 ° 02' 05" EAST 442.21 FEET; THENCE, 5TH: SOUTH 89° 57' 10• EAST 384.38 FEET TO TH E WESTERLY LINE OF DEED RECORDED MAY 4, 1993, AS DOCUM ENT NO. 93-079362 OF OFFIClAL RECORDS; THENCE, 6TH: SOUTH 01° 57' 54" EAST 14.55 FEET; THENCE, First Amer/CiJn Title Resolution No. PC-2024-705 Page 17 A-17- 12853-0099\2834565v4.doc 77 7TH: SOUTH 89° 57' 05" EAST 7.03 FEEr; THENCE, Slli: SOUTH 04° 31' 30" EAST 99.64 FEET; TH ENCE, Order Number: NHSC-5540106 (tc) Page Numb er: 15 9Tl-l: SOUTH oo• 02 ' 55" WEST 506.82 FEET TO THE TRUE PO I NT OF BEGI NNI NG. EXCEPT AN UNOIVI DED ONE-HALF I NTEREST IN Al l OIL AND GAS T HEREO N, AS RESERVED BY APOLONIO R. CORONADO AN D LE EN. CORONADO, I N DEED RECORDED AUGUST 3, 1954 I N BOOK 1219, PAGE 406 OF OFFI CIAL RECORDS. PARCEL 6: (APN: 506 -0-050-515) PARCEL BAS SHOWN ON LOT LINE ADJUSTMENT NO 99 -1 , AS EVIDENCE D BY DOCUMENT RECORD ED DECEMBER 13, 1999 AS I NSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : A PORTION OF LOT K IN TRACT l , RANCHO SI MI, I N TH E CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALI FORNIA, AS PER MAP RECORDED I N BOOK 5, PAGE 5 OF MAPS, IN TH E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGI NNI NG AT A POINT IN THE CENTERLI NE OF LOS AN GELES AVENUE, DISTANT WEST 414.95 FEET MEASURED ALONG SAID CENTERLINE FROM TH E NORTHEAST CORNER OF SAID LOT K; T HENCE, 1ST: SOUTH oo• 02 ' OS" WEST 59 .00 FEET TO THE SOUTHERLY R/W LI NE OF LOS ANG ELES AVEN UE, SAID POI NT BEI NG T HE TRUE POINT OF BEGI NNING; T HENCE, 2N D: SOUTH oo• 02' os· WEST 332.00 FEET; TH ENCE, 3RD : SOUTH 89° 57' 10" EAST 214.87 FEET; TH ENCE, 4TH: NORTH 00° 02' 55" EAST 332 .00 FE ET TO A POINT I N THE SOUTHERLY R/W LI NE OF LOS ANGELES AVENUE; TH ENCE, 5TH: NORTH 89° 57' 10" WEST 214.95 FEET ALONG SAID SOUTHERLY R/W LINE TO T HE TRUE POI NT OF BEGINNING. EXCEPT AN UNDIVIDED 1/2 INTEREST I N Al l OI L AND GAS THEREON, AS RESERVED BY APO LONIO R. CORONADO, A MARRI ED MAN AND LEE R. CORONADO, A SINGLE MAN, IN DEED RECO RDED AUGUST 3, 1954 I N BOO K 1219, PAGE 406 OF OFFIO AL RECORDS. First American ntle Resolution No. PC-2024-705 Page 18 B-18- 12853-0099\2834565v4.doc EXHIBIT “B” LEGAL DESCRIPTION WITHIN LOT " K" TRACT L, RANCHO SIMI PER 5MR5 That portion of Parcel "C" of that certain "Notice of Approval for Lot Line Adjustment" No.99-1, in the City of Moorpark, County of Ventura, State of California, recorded as Document No. 1999- 0221273-00 of Official Records, being a portion of Lot "K", Tract "L", Rancho Simi as per map filed in Book 5, Page 5 of Miscellaneous Records (Maps), All in the Office of the County Recorder of said County more particularly described as follows: BEGINNING at the southeast comer of said Parcel "C" being a point of intersection with the south line of said Lot "K" and the west line of Leta Yancy Road (formerly Liberty Bell Road, 40 feet wide) as shown on the Map of Tract No. 4147 filed in Book 112, Page 7 of Miscellaneous Records (Maps) of said County; 1ST Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24 feet to a point of intersection with the west line of the land described in the deed recorded May 4, 1993 as Document No. 93-079362 of Official Records; 2nd Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a point of intersection with a line which is parallel with and 490.94 feet south of the north line of Lot "K", said north line also being the centerline of Los Angeles Avenue; 3rd Thence, along said parallel line North 89°32'10"West 178.78 feet; 4th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with the south line of said Lot "K"; 5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT OF BEGINNING. CONTAINING: 1.993 Acres, more or less. SUBJECT TO: All covenants, Rights, Rights-of-Way and Easements of record. EXHIBIT "B": Attached and by this reference made a part hereof. 78 ~ Matthew J. Vernon PLS 7553 Page 1 of I 9/25 /2017 Date 7179-EX0D l .doc-. Resolution No. PC-2024-705 Page 19 C-1- 12853-0099\2834565v4.doc EXHIBIT “C” ADDRESSESS OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: Pacific Communities 1000 Dove Street, Suite 300 Newport Beach, CA 92660 Attn: Nelson Chung 79 Resolution No. PC-2024-705 Page 20 Exhibit B CITY OF MOORPARK DRAFT AMENDMENTS STANDARD CONDITIONS OF APPROVAL FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS A. The following conditions shall be required of all projects unless otherwise noted: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. Each Phased Final Map must include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 3. This subdivision expires on October 4, 2037, unless all Phased Final Maps have been approved and recorded. 4. This planned development permit expires on October 4, 2037, unless the use has been inaugurated by issuance of a building permit for construction. 5. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Phased Final Maps and/or to the final plans for the planned development. 6. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 7. Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter 80 Resolution No. PC-2024-705 Page 21 abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). 8. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this entitlement are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance so long as it does not conflict with the California Environmental Quality Act and the more restrictive measure or condition shall apply. 9. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area and the find must be left untouched. The applicant, in consultation with the, project paleontologist or archeologist, shall assure the preservation of the site and immediately contact the Community Development Director by phone, in writing by email or hand delivered correspondence informing the Director of the find. In the absence of the Director, the applicant shall so inform the City Manager. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected must be approved in writing by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery must be prepared and submitted to the Community Development Director for review and approval. The development and implementation of this Plan must include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens become the property of the City of Moorpark unless the City chooses otherwise. If the City accepts ownership, the curation location may be revised. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. 11. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The City will promptly notify the applicant of any such claim, 81 Resolution No. PC-2024-705 Page 22 action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 12. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 13. All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. 14. All residential rentals shall comply with Chapter 15.34 Rental Housing Inspection. (This Condition Applies to Residential Projects.) FEES 15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal services fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. 16. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 17. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate then in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 82 Resolution No. PC-2024-705 Page 23 18. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant shall submit to the Parks, Recreation and Community Services Department fees in accordance with the Moorpark Municipal Code and to the satisfaction of the Parks, Recreation and Community Services Director. 19. Tree and Landscape: Concurrently with the issuance of a building permit, the Tree and Landscape Fee must be paid to the Building and Safety Division in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. (This Condition Applies to Commercial and Industrial Projects) 20. Fire Protection Facilities: Concurrently with the issuance of a building permit, current Fire Protection Facilities Fees must be paid to the Building and Safety Division in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 21. Library Facilities: Concurrently with the issuance of a building permit, the Library Facilities Fee must be paid to the Building and Safety Division in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 22. Police Facilities: Concurrently with the issuance of a building permit, the Police Facilities Fee must be paid to the Building and Safety Division in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 23. Traffic Systems Management: Concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair-share contribution for intersection improvements relating to the project. The amount of fair-share participation will be to the satisfaction of the City Engineer and Public Works Director based on the traffic report prepared for the project and the extent of the impact to these intersections. 25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and industrial projects, based upon the effective date of approval of the entitlement consistent with adopted City policy for calculating such fee. The fee will be paid at the time of building permit issuance. 26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The 83 Resolution No. PC-2024-705 Page 24 fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 27. Street Lighting Energy Costs: Prior to recordation of any Phased Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements in an amount satisfactory to the City Engineer and Public Works Director. 28. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in accordance with Municipal Code Chapter 17.50 and sections amendatory or supplementary thereto. Contribution is to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off-site in lieu of contributing to the Art in Public Places Fund, the artwork must have a value corresponding to, or greater than, the contribution, and must be approved, constructed and maintained for the life of the project in accordance with the applicable provision of the Moorpark Municipal Code. 30. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and Public Works Director and the Building and Safety Division the City's electronic image conversion fee for entitlement/condition compliance documents; Final Map/ engineering improvement plans/permit documents; and building plans/permit documents, respectively. 31. Fish and Game: Within two (2) business days after project approval, the applicant shall submit to the City of Moorpark a check for the filing of the Notice of Determination on the Negative Declaration or Environmental Impact Report and County Administrative Fee, made payable to the County of Ventura, in compliance with Fish and Game Code and County procedures. 32. Crossing Guard: Prior to recordation of any Phased Final Map or prior to the issuance of a building permit, whichever occurs first, the applicant shall pay to the Community Development Department an amount to cover the costs associated with a crossing guard for five years at the then current rate, plus the pro-rata cost of direct supervision of the crossing guard location and staff's administrative costs (calculated at fifteen percent (15%) of the above costs). This applies to residential project of ten (10) or more units and commercial project of greater than 5,000 square feet. 33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department the citywide Storm Drain Discharge Maintenance Fee in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. 84 Resolution No. PC-2024-705 Page 25 CABLE TELEVISION (These Conditions Apply to Residential Projects) 34. Prior to commencement of project construction, the applicant shall provide notice of its construction schedule to all persons holding a valid cable television franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. The City shall provide the applicant a list of Cable Franchisees upon request. During construction, the applicant shall allow the Cable Franchisees to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. 35. In the event the cable television services or their equivalent are provided to the project or individual lots under collective arrangement or any collective means other than a Cable Franchise (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the Home Owners Association (HOA), property owner association or other applicable entity shall pay monthly to City an access fee of five percent (5%) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. In the event there is no HOA (e.g. in the case of an apartment project), then the property owner shall make the payment. 36. In the event cable television services or their equivalent are provided to the project by any means other than by a City Cable Franchise, the City's government channel shall be available to all units as part of any such service, on the same basis and cost as if the project was served by a City Cable Franchise. AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to Residential Projects) 37. Intentionally Blank. 38. Intentionally Blank. 39. Intentionally Blank. 40. Intentionally Blank. B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 41. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program must be designed to provide comprehensive on-site sign arrangement and design consistent with the 85 Resolution No. PC-2024-705 Page 26 commercial/industrial center architecture and the City's Sign Ordinance requirements. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet wall above the highest point of the flat roof must be provided on all sides. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 43. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 44. The use of highly-reflective glass or highly reflective film applied to glass is not allowed on any structures. Highly-reflective glass is defined as glass having a visible light reflectance (VLR) rating of twenty (20) percent or greater. The use of darkly- tinted glass is only allowed in industrial zones. Darkly-tinted glass is defined as glass with a visible light transmittance (VLT) rating of fifty 45. (50) percent or less. The use of low-emissivity (Low-E) glass is encouraged, but it must meet reflectance and transmittance requirements as noted above. The applicant shall provide a sample of the glass to be used, along with information on the VLR and VLT for review and approval by the Community Development Director prior to the issuance of building permits. 46. Exterior downspouts are not permitted unless designed as an integral part of the overall architecture and approved by the City as part of the planned development permit. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 47. Mechanical equipment for the operation of the building must be ground- mounted and screened to the satisfaction of the Community Development Director. The Community Development Director may approve roof-mounted equipment, in which case, all parts of the roof mounted equipment (such as vents, stacks, blowers, air conditioning equipment, etc.) must be below the lowest parapet on the roof; and must be painted the same color as the roofing material. No piping, roof ladders, vents, exterior drains and scuppers or any other exposed equipment may be visible on the roof. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 48. Roof-mounted equipment and other noise generation sources on-site must be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on-site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted 86 Resolution No. PC-2024-705 Page 27 engineering standards. (This Condition Applies to Commercial/Industrial Projects) 49. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, must be architecturally screened from view with masonry wall and/or landscaping as determined by the Community Development Director. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 50. A utility room with common access to house all meters and the roof access ladder must be provided unless an alternative is approved by the Community Development Director.(This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 51. No exterior roof access ladders are permitted. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 52. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing ingress/egress access, drainage and parking to the adjacent commercial/industrial properties. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the adjacent property owners, as an easement appurtenant for parking, ingress/egress access purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required pertinent documents required to satisfy the above requirements must be to the satisfaction of the Community Development Director, City Engineer and Public Works Director and the City Attorney. (This Condition Applies to Commercial/Industrial Projects) 53. Parking areas must be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 54. Prior to any re-striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re-striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 55. All parking areas must be surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer and Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading and common areas must be maintained at all times to ensure safe access 87 Resolution No. PC-2024-705 Page 28 and use by employees, public agencies and service vehicles. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 56. The Building Plans must be in substantial conformance to the plans approved under this entitlement and must specifically include the following: 57. Transformers and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1), screened from street view with a masonry wall and/or landscaping as determined by the Community Development Director. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 58. Bicycle racks or storage facilities, in quantities as required by the Community Development Director and other City staff and in accordance with the Municipal Code. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 59. Required loading areas with 45-foot turning radii for loading zones consistent with the AASHO WB-50 design vehicle and as required by the Community Development Director, City Engineer and Public Works Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. (This Condition Applies to Commercial/Industrial Projects) 60. Final exterior building materials and paint colors consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 61. Identification of coating or rust-inhibitive paint for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 62. Trash disposal and recycling areas in locations which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins must use impermeable pavement and be designed to have a cover and so that no other area drains into it. The trash areas and recycling bins must be depicted on the final construction plans, the size of which must be approved by the Community Development Director, City Engineer and Public Works Director and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas must be connected to the sewer system and subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 63. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster and to the satisfaction of the City Engineer and Public Works Director. 88 Resolution No. PC-2024-705 Page 29 64. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) may only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director must be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. A Permit Modification application may be required as determined by the Community Development Director. 65. All air conditioning or air exchange equipment must be ground mounted. The equipment may only be located in a side yard in such a manner that it is not within 15-feet of an opening window at ground floor level of any residential structure, and maintains a minimum 5-foot side-yard property line setback. The Director may approve rear yard locations where side yard locations are not possible. (This Condition Applies to Residential Projects) 66. A minimum twenty-foot (20') by twenty-foot (20') clear and unobstructed parking area for two (2) vehicles must be provided in a garage for each dwelling unit less than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot (30') wide clear and unobstructed parking area for three (3) vehicles must be provided in a garage for each dwelling unit greater than 2,800 square feet. Single garages must measure a minimum of twelve-foot (12') wide by twenty- foot (20') deep clear and unobstructed area. Steel roll-up garage doors must be provided, unless a higher-quality alternative is approved by the Community Development Director. Garage doors must be a minimum of sixteen feet (16') wide by seven feet (7') high for double doors and nine feet (9') wide by seven feet (7') high for single doors. A minimum twenty-foot (20') long concrete paved driveway must be provided in front of the garage door outside of the street right-of-way. All garages must be provided in accordance with the Parking Ordinance. (This Condition Applies to Single-family Residential Projects) 67. All homes/units must be constructed employing energy saving devices. These devices must include, but not be limited to ultra low flush toilets (to not exceed 1.6 gallons), low water use shower controllers, natural gas fueled stoves, pilotless ovens and ranges, night set back features for thermostats connected to the main space- heating source, kitchen ventilation systems with automatic dampers, hot water solar panel stub-outs, and solar voltaic panel stub-outs. (This Condition Applies to Residential Projects) 68. When required by Title 15 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, rain gutters and downspout must be provided on all sides of the structure for all structures where there is a directional roof flow. Water must be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer and Public Works Director. OPERATIONAL REQUIREMENTS 69. Loading and unloading operations are allowed only between the hours of 6:00a.m. and 10:00 p.m. unless additional hours are approved by the City Council. More 89 Resolution No. PC-2024-705 Page 30 restrictive hours for loading and unloading may be imposed by the Community Development Director if there are noise and other issues that make the loading and unloading incompatible with the adjacent residential uses. There shall be no idling of trucks while loading or unloading. (This Condition Applies to Commercial/Industrial Projects) 70. All uses and activities must be conducted inside the building(s) unless otherwise authorized in writing by the Community Development Director consistent with applicable Zoning Code provisions.(This Condition Applies to Commercial/Industrial Projects) 71. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Permit Modification to the entitlement. (This Condition Applies to Commercial/Industrial Projects) 72. The applicant agrees not to protest the formation of an underground Utility Assessment District. 73. The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns are required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 74. No noxious odors may be generated from any use on the subject site. (This Condition Applies to Commercial/Industrial Projects) 75. The applicant and his/her successors, heirs, and assigns must remove any graffiti within seventy-two (72) hours from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 76. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. (This Condition Applies to Commercial/Industrial Projects) 77. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce California Vehicle Codes (CVC) on the subject property as permitted by the CVC. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 78. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer and Public Works Director. 90 Resolution No. PC-2024-705 Page 31 Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial, industrial areas, schools, parks and other city facilities, if any. 79. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan must include a designated building manager, who is responsible for initiating on-site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 80. The building manager or designee shall be required to conduct a routine on-site waste management education program for educating and alerting employees and/or residents to any new developments or requirements for solid waste management. This condition is to be coordinated through the City's Solid Waste Management staff. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 81. No overnight parking, repair operations or maintenance of trucks may occur on site. The property owner may enter into an agreement with the City to allow the City to enter the property when the property owner has properly posted signs restricting the overnight parking, repair or maintenance of truck, to enforce the onsite restrictions and assume the costs of towing the violating vehicles. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 82. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls must be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan must demonstrate proper vehicle sight distances subject to the review of the City Engineer and Public Works Director and in accordance with the Zoning Code, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer and Public Works Director, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 83. The landscape plan must incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. 91 Resolution No. PC-2024-705 Page 32 Prior to the issuance of a grading permit, a tree survey must be prepared to determine the valuation of the mature trees to be removed. Enhanced replacement landscaping of equal or greater value, as determined by the Community Development Director, must be installed in accordance with the current applicable provisions of the Moorpark Municipal Code. 84. Prior to or concurrently with the submittal of the Landscaping and Irrigation Plans, the specific design and location of the neighborhood identification monument sign must be submitted for review and approval by the Community Development Director. The sign must be installed concurrent with or immediately after perimeter project wall installation. (This Condition Applies to Single-family Residential Projects) 85. Prior to the issuance of a Zoning Clearance for final building permit (occupancy) the applicant shall install front yard landscaping, including sod, one fifteen (15) gallon tree and an automatic irrigation system, as approved on the landscape plans. (This Condition Applies to Single-family Residential Projects) 86. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, must be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, must be in conformance with the Moorpark Municipal Code. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 87. Landscape plans submitted at the time of entitlement review are conceptual only. Entitlement approval does not include approval of the specific plant species on the conceptual landscape plans unless indicated in the Special Conditions of Approval. Detailed landscaping plans are subject to review and approval by the Community Development Director for compliance with the City's Landscape Standards and Guidelines. 88. For project sites adjacent to protected open space or to a conservation area, none of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the City's Landscape Standards and Guidelines may be used on any property within the development site or the adjacent public or private right-of-way. 89. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right-of-way or outside of the street right-of-way. Any parkway landscaping outside of the street right-of-way must be within a landscape maintenance district. 90. All required landscape easements must be clearly shown on the first Phased Final Map or on other recorded documents if there is no Final Map. 91. Tree pruning, consisting of trimming to limit the height and/or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code and will be considered a violation of the Conditions of Approval. Tree trimming for the purposes 92 Resolution No. PC-2024-705 Page 33 of maintaining the health of trees is permitted with prior approval of the Community Development Director and City's designated arborist. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 92. When available, use of reclaimed water is required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Public Works Director and Ventura County Waterworks District No. 1. 93. Landscaped areas must be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, must be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the Community Development Director and City Engineer and Public Works Director for review and approval prior to the issuance of a building permit. 94. All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. 95. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along lot boundaries must be in place, unless an alternative schedule is approved by the Community Development Director. 96. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall enter into the standard Caltrans tri-party maintenance agreement to maintain any landscaping within Caltrans right-of-way. The applicant and any subsequent owners shall maintain all landscaping and hardscape areas that are covered by the tri-party maintenance agreement for the life of the project. C. Please contact the ENGINEERING DIVISION for compliance with the following conditions: GENERAL 97. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the latest California Building Code as adopted by the City of Moorpark and in conformance with the latest "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto which must conform to the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation). 93 Resolution No. PC-2024-705 Page 34 98. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the most recently approved "Engineering Policies and Standards" of the City of Moorpark, and "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed herein and above, the criteria that provide the higher level of quality and safety prevail as determined by the City Engineer and Public Works Director. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project must be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer and Public Works Director. 99. Engineering plans must be submitted on standard City title block sheets of 24- inch by 36-inch to a standard engineering scale representative of sufficient plan clarity and workmanship. 100. A 15-mile per hour speed limit must be observed within all construction areas. 101. If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Moorpark Police Department, and the Moorpark City Engineer and Public Works Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. 102. The applicant and/or property owner shall provide verification to the City Engineer and Public Works Director that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer and Public Works Director depending upon site and weather conditions. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 103. All paved surfaces; including, but not limited to, the parking area and aisles, drive- through lanes, on-site walkways must be maintained free of litter, debris and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept, washed or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 104. Prior to improvement plan approval, the applicant shall obtain the written approval on approved site plan exhibit sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. Water and Sewer improvements plans must be submitted to Ventura County Waterworks District No. 1 for approval. 105. Prior to any work being conducted within any State, County, or City right-of- way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer and Public Works Director. 94 Resolution No. PC-2024-705 Page 35 106. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities must cease in order to minimize associated air pollutant emissions. 107. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, as a standard requirement for construction noise reduction. 108. The applicant shall utilize all prudent and reasonable measures (including installation of a 6-foot high chain link fence around the construction site(s) and/or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 109. The applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations. GRADING 110. All grading and drainage plans must be prepared by a qualified Professional Civil Engineer currently registered and in good standing in the State of California and are subject to review by the City Engineer and Public Works Director. Prior to or concurrently with the submittal of a grading plan the applicant shall submit a soils (geotechnical) report. 111. Grading must conform to the standards contained in Chapter 17.38 Hillside Management of the Moorpark Municipal Code and any provision amendatory or supplementary thereto. Plans detailing the design and control (vertical and horizontal) of contoured slopes must be provided to the satisfaction of the City Engineer, Public Works Director and Community Development Director. 112. Prior to the issuance of a grading permit or first Phased Final Map approval, whichever comes first, the applicant shall post sufficient surety with the City, in a form acceptable to the City Engineer and Public Works Director, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval and/or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non-point water discharges, landscaping, fencing, and bridges. Grading and improvements must be designed, bonded and constructed as a single project. 113. Prior to the issuance of a grading permit or first Phased Final Map approval, whichever occurs first, the applicant shall provide written proof to the City Engineer and Public Works Director that any and all wells that may exist or have existed within the project have been properly sealed, destroyed or abandoned per Ventura County 95 Resolution No. PC-2024-705 Page 36 Ordinance No. 2372 or Ordinance No. 3991 and per California Department of Conservation, Division of Oil, Gas, and Geothermal Resources requirements. 114. Prior to issuance of a grading permit, final approved soils and geology reports must be submitted to the City Engineer and Public Works Director. The approved final report must encompass all subsequent reports, addendums and revisions under a single cover. Where liquefaction hazard site conditions exist, an extra copy of the final report must be provided by the applicant to the City Engineer and Public Works Director and be sent by the applicant to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within 30 days of report approval. 115. Prior to issuance of the grading permit, a grading remediation plan and report must be submitted for review and approval of the City Engineer and Public Works Director. The report must evaluate all major graded slopes and open space hillsides whose performance could effect planned improvements. The slope stability analysis must be performed for both static and dynamic conditions, using an appropriate pseudo-static horizontal ground acceleration coefficient for earthquakes on faults, capable of impacting the project in accordance with standard practice as outlined in DMG Special Publication No. 117, 1997. 116. Prior to issuance of the grading permit, the project geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, a remediation plan with effective measures to avoid and control damage must be provided to the City Engineer and Public Works Director. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non-liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification, or the excavation of a shear key below the base of the liquefiable zone. Where liquefaction hazard site conditions exist, the applicant shall provide an extra copy of the final report to the City Engineer and Public Works Director and shall send a copy of the report to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within 30 days of report approval. 117. The project must comply with all NPDES requirements and the City of Moorpark standard requirements for temporary storm water diversion structures during all construction and grading. 118. Prior to issuance of a grading permit, a qualified, currently registered Professional Civil Engineer in good standing in the State of California shall be retained to prepare Erosion and Sediment Control Plans in conformance with the currently issued Ventura County Municipal Strom Water NPDES Permit. These Plans shall address, but not be limited to, construction impacts and long- term operational effects on downstream environments and watersheds. The Plans must consider all relevant NPDES requirements and recommendations for the use of the best available technology and specific erosion control measures, including temporary measures during construction to minimize water quality effects to the maximum extent 96 Resolution No. PC-2024-705 Page 37 practicable. Prior to the issuance of an initial grading permit, review and approval by the Community Development Director and City Engineer and Public Works Director is required. 119. Prior to the import or export of more than one hundred (100) truckloads or one thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with the currently adopted City of Moorpark Engineering Policies and Standards is required. 120. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets, the grading plan must include a slough wall, Angelus Standard slumpstone, color or other alternative as determined by the Community Development Director, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk to prevent debris from entering the sidewalk or street. The wall must be designed and constructed in conformance with the City's standard wall detail. All material for the construction of the wall shall be approved by the City Engineer and Public Works Director and Community Development Director. Retaining walls greater than 18 inches in height must be set back two-feet (2') from the back of the sidewalk. This two- foot (2') area must be landscaped and have no greater than a two percent (2%) cross fall slope. The slough wall and landscaping design is subject to the review and approval of the City Engineer and Public Works Director and Community Development Director. 121. Grading plans must include, but not be limited to entry walls and project identification signs in accordance with City standards. Landscaping, appropriate to the entry, shall be provided that will not interfere with sight- distance or turning movement operations. The final design for the project entrance must be reviewed and approved by the Community Development Director and the City Engineer and Public Works Director. 122. During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installation of all sub-drains including their connections. All fill slope construction must be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the City Engineer and Public Works Director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the City Engineer and Public Works Director must be obtained prior to any modification. 123. Written weekly progress reports and a grading completion report must be submitted to the City Engineer and Public Works Director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as-built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed •in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. 97 Resolution No. PC-2024-705 Page 38 124. During grading, colluvial soils and landslide deposits within developed portions of the properties must be re-graded to effectively remove the potential for seismically- induced landslides in these materials. Additional buttressing, keying and installation of debris benches must be provided in transition areas between non-graded areas and development as recommended in the final geotechnical reports by the project geotechnical engineer. 125. The recommendations for site grading contained in the final geotechnical reports must be followed during grading unless modifications are submitted for approval by the engineers-of-work and specifically approved in writing by the City Engineer and Public Works Director. 126. Temporary irrigation, hydroseeding and erosion control measures, approved by the Community Development Director, City Engineer and Public Works Director, must be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) calendar days except that during the rainy season (October 1 to April 15), these measures will be implemented immediately. 127. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical) slope inclination except where special circumstances exist. In the case of special circumstances, where steeper slopes are warranted, a registered soils engineer and a licensed landscape architect will review plans and their recommendations will be subject to the review and approval of the City Engineer, Public Works Director, and the Community Development Director. 128. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs (consistent with the approved landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting on each slope must commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting must be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the Community Development Director, City Engineer, and Public Works Director. 129. Grading may occur during the rainy season from October 1 to April 15, subject to timely installation of erosion control facilities when approved in writing by the City Engineer, Public Works Director and the Community Development Director and when erosion control measures are in place. In order to start or continue grading operations between October 1 and April 15, project-specific erosion control plans that provide detailed Best Management Practices for erosion control during the rainy season must be submitted to the City Engineer and Public Works Director no later than September 1 of each year that grading is in progress. During site preparation 98 Resolution No. PC-2024-705 Page 39 and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1 through April 15, all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes may be graded or otherwise created when the National Weather Service local three-day forecast for rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the Community Development Director, City Engineer, and Public Works Director. 130. During clearing, grading, earth moving, excavation, soil import and/or soil export operations, the applicant shall comply with the City of Moorpark standard requirements for dust control, including, but not be limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent ground cover/seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth moving, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than 15 mph averaged over one hour). 131. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers unless otherwise specified, in writing, by the City Engineer and Public Works Director. 132. Soil testing for trench compaction must be performed on all trenching and must be done not less than once every two feet (2') of lift and one-hundred lineal feet (100') of trench excavated. Test locations must be noted using true elevations and street stationing with offsets from street centerlines. 133. Prior to issuance of each building permit, the project geotechnical and/or soils engineer shall submit an as-graded geotechnical report and a rough grading certification for said lot and final soils report compiling all soils reports, addendums, certifications, and testing on the project for review and approval by the City Engineer and Public Works Director. 134. Prior to issuance of the first building permit, the project's engineer shall certify that the grading and improvements have been completed, as noted on the original approved plans and any subsequent change orders. 135. When required by the Community Development Director and/or the City Engineer and/or Public Works Director, at least one (1) week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five-hundred feet (500') of the exterior boundary of the project site, as shown on the latest equalized assessment roll. The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, 99 Resolution No. PC-2024-705 Page 40 construction traffic and vehicles, erosion control, and the twenty-four (24) hour emergency number, must be expressly identified in the notice. The notice must be re- issued with each phase of major grading and construction activity. A copy of all notices must be concurrently transmitted to the Community Development Department. The notice record for the City must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area. 136. Consistent with the final geotechnical reports, at a minimum, the following measures must be implemented during design and construction where appropriate to minimize expansive soil effects on structures: potential foundation systems to include pier and grade beam; use of structural concrete mats and post-tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. 137. Prior to issuance of building permits, chemical testing of representative building pad soils is required to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures must be implemented where appropriate to protect against corrosion: - use of sulfate-resistant concrete; and - use of protective linings to encase metallic piping buried in soils warranting such measures. 138. Engineered fills must be constructed in compliance with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings may not be greater than ten (10) feet. These measures must be verified by construction observation and testing by the project geotechnical engineer as outlined in the final geotechnical reports and approved by the City Engineer and Public Works Director. 139. Additional analysis of the predicted total and differential settlements of the major fills at each site must be performed by the project geotechnical engineer during the final design stage. Possible measures that may be required based on the settlement data include surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components. 140. Transfer of responsibility of California Registered Civil Engineer in charge for the project must be in accordance with rules and guidelines set forth pursuant to Rules of the Board for Professional Engineers and Land Surveyors, California Code of Regulations, Title 16, Division 5, Board Rule 404.1, Subsections (c) and (d), that speak to Successor Licensee and Portions of Projects. Applicant has full right to exercise the service of a new engineer in charge at any time during a project. When there is a change in engineer, the applicant/owner shall notify the City Engineer and Public Works Director in writing within 48 hours of such change. Said letter shall specify successor California Registered Civil Engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the City. 100 Resolution No. PC-2024-705 Page 41 FINAL MAP 141. The Phased Final Maps must be prepared in accordance with the latest copy of the, "Guide for the Preparation of Tract Maps, Parcel Maps and Records of Survey/Comer Records" as published by the Public Works Agency of the County of Ventura and amended from time to time. The various jurat's/notary acknowledgements and certificates must be modified, as appropriate, to reflect the jurisdiction of the City and the location of the subdivision within the City. The Phased Final Map must provide that each lot corner and street centerline intersection, tangent point, and terminus be monumented with Ventura County Road Standard survey monument plate E-4. Street monuments must be intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be center punched to show the corner, and be stamped with the registration or license number of the professional surveyor responsible for its location. 142. Concurrently with the submittal of each Phased Final Map, the applicant shall submit a current (dated within the last ninety (90) days) preliminary title report to the City Engineer and Public Works Director, which clearly identifies all interested parties, lien holders, lenders and all other parties having any record title interest in the real property being subdivided. The preliminary title report must identify the holders of any easements that affect the subdivision and contain the vesting deeds of ownership and easements. Thirty (30) days prior to the submittal of the Phased Final Map Mylar® sheets, the applicant shall provide the City Engineer and Public Works Director, a subdivision guarantee policy of the property within the Phased Final Maps and preliminary title report for each area of easement proposed to be obtained for grading or construction of improvements. 143. Prior to or concurrently with the submittal of each Phased Final Map, the applicant shall provide written evidence to the City Engineer and Public Works Director that a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act has been transmitted to each public entity or public utility that is an easement holder of record. The applicant shall obtain subordination of senior rights of easement from any such public utility in favor of the City. 144. At least one-hundred-twenty (120) days prior to the filing of each Phased Final Map, if any improvement which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall comply with all of the requirements of Subdivision Map Act Section 66462.5 and any provision amendatory or supplementary thereto. Prior to the filing of each Phased Final Map the applicant shall provide the City with an executed offsite property acquisition agreement in a form acceptable to the Community Development Director, City Attorney, and City Manager. As a part of the notification to the City required by that section, the applicant shall provide the City a deposit in an amount approved by the Community Development Director, sufficient to pay the estimated costs and fees to be accrued by the City in obtaining said property. Within fifteen (15) days of notification by the City that the deposited funds are insufficient to complete the acquisition, the applicant 101 Resolution No. PC-2024-705 Page 42 shall deposit such additional funds that the Community Development Director deems necessary. During the time between notice of insufficiency of deposited funds and payment of said insufficiency, the time limits of Section 66462.5 shall toll. 145. Prior to the first Phased Final Map approval, the applicant shall obtain City Engineer and Public Works Director approval of all required public improvement and grading plans. The applicant shall enter into an agreement with the City of Moorpark to complete grading, public improvements and subdivision monumentation and post sufficient surety guaranteeing the construction and maintenance of grading all public improvements, and private street and storm drain improvements; construction and post construction NPDES Best Management Practice; and subdivision monumentation in a form and in an amount acceptable to the City Engineer. The plans must be prepared by a California Registered Civil Engineer and sureties must meet the City's requirements for sureties and must remain in place for one year following final acceptance of the improvements by the City or until such time that the City Council shall approve their redemption, whichever is the longer. 146. Prior to the first Phased Final Map approval, the applicant shall post sufficient surety in an amount acceptable to the Community Development Director, City Engineer, Public Works Director and in a form approved by City Attorney guaranteeing the payment of laborers and materialsmen in an amount no less than fifty percent (50%) of the faithful performance surety. 147. Prior to each Phased Final Map approval and upon submittal of the Final Map Mylar® sheets, the applicant shall provide the City Engineer and Public Works Director electronic files of the Final Map, complete in every fashion except for signatures, in a format satisfactory to the City Engineer and Public Works Director. 148. Upon recordation of each Phased Final Map(s) the applicant shall forward a photographic process copy on 3-mil polyester film of the recorded Map(s) to the City Engineer and Public Works Director. 149. All lot-to-lot drainage easements or secondary drainage easements must be delineated on each Phased Final Map. Assurance in the form of an agreement must be provided to the City that these easements will be adequately maintained by the property owners to safely convey stormwater flows. Said agreement must be submitted to the City Engineer and Public Works Director and City Attorney for review and approval and must include provisions for the owners association to maintain any private storm drain not maintained by a City Assessment District in conformance with the NPDES. The agreement must be a durable agreement that is binding upon each property owner of each lot and successors in interest. 150. Prior to any Phased Final Map approval, the applicant shall fully complete the "Final Map Processing Procedures" as outlined in Moorpark Administrative Procedure (MAP) CD-18, available from the Community Development Department. 102 Resolution No. PC-2024-705 Page 43 PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS 151. Prior to construction of any public improvement, the applicant shall submit to the City Engineer and Public Works Director, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, and enter into an agreement with the City of Moorpark to complete public improvements, with sufficient surety posted to guarantee the complete construction of all improvements, except as specifically noted in these Standard Conditions or Special Conditions of Approval. 152. Prior to issuance of the first building permit, all existing and proposed utilities, including electrical transmission lines less than 67Kv, must be under-grounded consistent with plans approved by the City Engineer, Public Works Director and Community Development Director. Any exceptions must be approved by the City Council. 153. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.) must be placed within landscaped areas when landscaped areas are part of the right-of- way improvements. When above ground obstructions are placed within the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided around the obstruction. Above-ground obstructions may not be located within or on multi- purpose trails. 154. Prior to final inspection of improvements, the project Registered Civil Engineer shall submit certified original "record drawing" plans with three (3) sets of paper prints and the appropriate plan revision review fees to the City Engineer and Public Works Director along with electronic files in a format satisfactory to the City Engineer and Public Works Director. These "record drawing" plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The plans must be "record drawings" on 24" X 36" Mylar® sheets (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, street lights, traffic control facilities, street striping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project. 155. The street improvement plans must contain a surveyor's statement on the plans, certifying that, in accordance with Business and Professions Code 8771, all recorded monuments in the construction area will be protected in place during construction, or have been located and tied with no fewer than four (4) durable reference monuments, which will be protected in place during construction. Copies of all monument tie sheets must be submitted to the City on reproducible 3-mil polyester film. 156. Prior to reduction of improvement bonds, the applicant must submit reproducible centerline tie sheets on 3-mil polyester film to the City Engineer and Public Works Director. 157. All streets must conform to the latest City of Moorpark Engineering Policies and Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30) year term for public streets and ESAL for a twenty (20) year term on private streets. All 103 Resolution No. PC-2024-705 Page 44 streets must be designed and constructed to the required structural section in conformance with the latest City of Moorpark Engineering Policies and Standards. The geotechnical or soil reports must address the need for possible sub-drainage systems to prevent saturation of the pavement structural section or underlying foundation. An additional one and one-half inch (1-1/2") thick rubberized asphalt pavement must be added to the structural section for public streets. This additional pavement may not be used in determining the required structural section. 158. When required by the City Engineer and Public Works Director, the applicant shall provide, for the purposes of traffic signal installation, two (2) four-inch (4") P.V.C. conduits extending across all intersections, and surfacing through "J" boxes to the satisfaction of the City Engineer and Public Works Director. DRAINAGE AND HYDROLOGY 159. Prior to approval of a grading plan, the applicant shall submit to the City of Moorpark for review and approval by the City Engineer and Public Works Director, drainage plans with the depiction and examination of all on-site and off-site drainage structures and hydrologic and hydraulic calculations in a bound and indexed report prepared by a California Registered Civil Engineer. 160. Drainage improvements must be designed so that after-development, drainage to adjacent parcels would not be increased above pre-development drainage quantities for any stormwater model between and including the 10 year and 100 year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project must be in type, kind and nature of predevelopment flows unless the affected upstream and/or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows must be provided to the satisfaction of the City Engineer and Public Works Director. The applicant shall make any on- site and downstream improvements, required by the City, to support the proposed development. 161. The drainage plans and calculations must analyze conditions before and after development, as well as, potential development proposed, approved, or shown in the General Plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed. 162. Local residential and private streets must be designed to have at least one dry travel lane available during a 10-year frequency storm. Collector streets must be designed to have a minimum of one dry travel lane in each direction available during a 10-year frequency storm. 163. All stormwater surface runoff for the development must have water quality treatment to meet the design standards for structural or treatment control BMPs per the latest issued Ventura County Municipal Storm Water NPDES Permit. 104 Resolution No. PC-2024-705 Page 45 164. The hydraulic grade line within any catch basin may not extend higher than nine inches (9") below the flow line grade elevation at the inlet. 165. No pressure manholes for storm drains are allowed unless specifically approved in writing by the City Engineer and Public Works Director. If permitted, all storm drain lines under water pressure must have rubber gasket joints. 166. All manhole frames and covers shall have a thirty inch (30") minimum diameter. This includes all access manholes to catch basins, as well as any other storm drain or NPDES structure. 167. The Q50 storm occurrence must be contained within the street right-of-way. 168. The maximum velocity in any storm drain system may not exceed twenty feet (20') per second. 169. All detention and debris structures that fall under the definition of being a dam must have an open air spillway structure that directs overflows to an acceptable location to the satisfaction of the City Engineer and Public Works Director. 170. Only drainage grates of a type approved by the City Engineer and Public Works Director may be used at locations accessible by pedestrian, bicycle or equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails. 171. To verify that the Reinforced Concrete Pipe (RCP) specified on the improvement plan is correct, theRCPdelivered to project site must have the D- LOAD specified on the RCP. 172. The grading plan must show distinctive lines of inundation delineating the 100- year flood level. 173. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice Systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices are to be deposited directly into the storm drain system unless an alternative has been approved by the City Engineer and Public Works Director. Storm drain and related easements outside the public right-of-way are to be privately. maintained unless otherwise approved by the City Council. 174. Concrete surface drainage structures exposed to the public view must be tan colored concrete, as approved by the Community Development Director, and to the extent possible must incorporate natural structure and landscape to blend in with the surrounding material. 175. Prior written approval by the City Engineer and Public Works Director is required for curb outlets that provide for pad or lot drainage onto the street. 176. Drainage devices for the development must include all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer and Public Works Director. 105 Resolution No. PC-2024-705 Page 46 177. The applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer and Public Works Director: a. Adequate protection from a one-hundred (100) year frequency storm; b. Feasible access during a fifty (50) year frequency storm. c. Elevation of all proposed structures within the one-hundred (100) year flood zone at least one (1') foot above the one-hundred (100) year flood level. Hydrology calculations must be per current Ventura County Watershed Protection Agency Standards and to the satisfaction of the City Engineer and Public Works Director. Development projects within a 100 year flood zone may require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR) as determined by the City Engineer and Public Works Director. 178. The storm drain system must be designed with easements of adequate width for future maintenance and reconstruction of facilities, particularly facilities deeper than eight feet (8'). In addition, all facilities must have all-weather vehicular access. 179. All existing public storm drain systems within the development require pre- construction and post-construction Closed Caption Television Videoing (CCTV) including identification by existing plan and station. 180. Storm drain systems must be constructed per the most current Ventura County Watershed Protection District Standard Design Manual, City of Moorpark Standards and to the satisfaction of the City Engineer and Public Works Director. 181. All storm drain easement widths and alignments must conform to the City of Moorpark requirements and be to the satisfaction of the City Engineer and Public Works Director. Easements must provide sufficient room for reconstruction of the storm drain systems and provide all weather access within the easement, to all manholes, inlets, outlets and any other structure that requires maintenance. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 182. Prior to the start of grading or any ground disturbance, the applicant shall identify a responsible person experienced in NPDES compliance who is acceptable to the City Engineer and Public Works Director. The designated NPDES person (superintendent) shall be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40%) or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds. The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The superintendent shall be required to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 183. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying grading or excavation, the applicant shall prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form established in the Ventura 106 Resolution No. PC-2024-705 Page 47 Countywide Stormwater Quality Management Program. The SWPCP must address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP, improvement plans and grading plans must note that the contractor shall comply with the California Best Management Practices Construction Handbook, published by the California Stormwater Quality Association. The SWPCP must be submitted, with appropriate review deposits, for the review and approval of the City Engineer and Public Works Director. The SWPCP must identify potential pollutant sources that may affect the quality of discharges and design the use and placement of Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Erosion control BMPs, which include wind erosion, dust control, and sediment source control BMPs for both active and inactive (previously disturbed) construction areas are required. 184. The SWPCP must include provisions for modification of BMPs as the project progresses and as conditions warrant. The City Engineer and Public Works· Director may require the first version and each subsequent revision of the SWPCP to be accompanied by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP must be developed and implemented in accordance with the latest issued Ventura Countywide Stormwater Quality Management Program, NPDES Permit, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the City. The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers, tenants and tenants' contractors comply with all BMPs in the SWPCP, until such time as a notice of termination has been approved by the City Engineer and Public Works Director and accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP must include schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. Onsite maintenance of all equipment that can be performed offsite will not be allowed. 185. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura 107 Resolution No. PC-2024-705 Page 48 Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance, measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. "Passive" and "natural" BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar "active" devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, bio- remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a. Provide discharge quality monitoring. b. Assess impacts to receiving water quality resulting from discharged waters. c. Identify site pollutant sources. d. Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals. e. Measure management program effectiveness. f. Investigate and implement improved BMP strategies. g. Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement). h. Secure the funding, in perpetuity, to achieve items "a" through "g" above. 186. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOi) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the latest issued NPDES Construction General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOi) to the City Engineer and Public Works Director as proof of permit application. The improvement plans and grading plans shall contain the Waste Discharge ldenfication number for the project. 108 Resolution No. PC-2024-705 Page 49 187. Engineering and geotechnical or soils reports must be provided to prove, to the satisfaction of the City Engineer and Public Works Director, that all "passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water detention and clarification. 188. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto. D. Please contact the BUILDING DIVISION for compliance with the following conditions: 189. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter'' for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 190. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. (This Condition Applies to Commercial/Industrial Projects) 191. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." (This Condition Applies to Commercial/Industrial Projects) F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 192. Prior to combustible construction, an all weather access road/driveway and the first lift of the access road pavement must be installed. Once combustible construction starts a minimum twenty-foot (20') clear width access road/driveway must remain free of obstruction during any construction activities within the development. All access roads/driveways must have a minimum vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside turning radius of forty feet (40'). Approved turnaround 109 Resolution No. PC-2024-705 Page 50 areas for fire apparatus must be provided when dead-end Fire District access roads/driveways exceed 150-feet. Turnaround areas may not exceed a five percent cross slope in any direction and must be located within one-hundred-fifty feet (150') of the end of the access road/driveway. 193. The access road/driveway must be extended to within one-hundred-fifty feet (150') of all portions of the exterior wall of the first story of any building and must be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems must be installed as required and acceptable to the Fire District. 194. When only one (1) access point is provided, the maximum length of the access road may not exceed eight-hundred feet (800'). 195. Public and private roads must be named if serving more than four (4) parcels or as required by the Fire District. All street naming shall be in accordance with currently adopted City Council policy. 196. Approved walkways must be provided from all building openings to the public way or Fire District access road/driveway. 197. Structures exceeding three stories or forty-eight-feet (48') in height must meet current VCFPD Ordinance for building requirements. Structures exceeding seventy-five-feet (75') in height are subject to Fire District high rise building requirements. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 198. All new structures must be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 199. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater may not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 200. Gating of private streets or parking areas must meet the requirements of Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto and of the Ventura County Fire Protection District. FINAL MAP 201. Prior to recordation of each Phased Final Map(s), proposed street name(s) must be submitted to the Community Development Director and the Fire District's Mapping Unit for review and approval. Approved street names must be shown on the Phased Final Map(s). Street name signs must be installed in conjunction with the road improvements. The type of sign must be in accordance with Plate F-4 of the Ventura County Road Standards. 110 Resolution No. PC-2024-705 Page 51 202. At least fourteen (14) days prior to recordation of any maps, including parcel map waivers, the applicant shall submit two (2) copies of the map to the Fire Prevention Division for approval. 203. Within seven (7) days of the recordation of any Phased Final Map(s) an electronic version of the map must be provided to the Fire District. 204. Prior to any Phased Final Map or prior to the issuance of a building permit, whichever comes first, the applicant shall provide to the Fire District, written verification from the water purveyor that the water purveyor can provide the required fire flow as determined by the Fire District. DEVELOPMENT REQUIREMENTS 205. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 206. Minimum six-inch (6") high address numbers must be installed prior to occupancy, must be contrasting color to the background, and must be readily visible at night Brass or gold plated number may not be used. Where structures are set back more that one-hundred-fifty feet (150') from the street, larger numbers are required so that they are distinguishable from the street. In the event a structure(s) is (are) not visible from the street, the address numbers(s) must be posted adjacent to the driveway entrance on an elevated post. 207. Prior to combustible construction, fire hydrants must be installed to the minimum standards of the City of Moorpark and the Fire District, and must be in service. 208. Prior to occupancy of any structure, blue reflective hydrant location markers must be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers must still be installed and replaced when the final asphalt cap is completed. 209. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and R-2 Occupancies must be submitted, with payment for plan check, to the Fire District for review and approval. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 210. Prior to issuance of a building permit the applicant must submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 211. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE TOW- AWAY" in accordance with California Vehicle Code and the Fire District. 212. Prior to or concurrently with the issuance of a building permit, the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three-hundred feet (300') of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, 111 Resolution No. PC-2024-705 Page 52 Appendix 111-8 and adopted amendments. On-site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, must be installed and in service prior to combustible construction and must conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 213. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one-hundred or more heads must be supervised by a fire alarm system in accordance with Fire District requirements. 214. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system must be installed in all buildings in accordance with California Building and Fire Code. 215. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 216. Prior to the issuance of a building permit, the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 217. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers is subject to review and approval by the Fire District. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 218. Prior to framing, the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 219. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 220. Prior to the issuance of a building permit, the applicant shall provide Ventura County Waterworks District with: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. c. Copy of fire hydrant location approvals by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. 112 Resolution No. PC-2024-705 Page 53 e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 221. At the time water service connection is made, cross connection control devices must be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 222. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 223. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations must be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. - END - 113 Resolution No. PC-2024-705 Page 54 SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01 AND VESTING TENTATIVE TRACT MAP NO. 5882 SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01 1. This planned development permit will expire on October 4, 2037, unless the use has been inaugurated by issuance of a building permit for construction. No further extensions shall be granted for the planned development permit. 2. Any future homeowner improvements to the individual homes and the exclusive use area shall follow the City’s Multifamily Residential (R-3) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 3. In the Fuchsia single-family detached home neighborhood (Lots 1-153) the following standards shall apply: - The minimum lot area is 3,290 square feet. - The front yard setback for each unit shall not be less than eight (8) feet for living space and (10) feet for garages that are side entry and eighteen (18) feet for garages that are front entry. - The rear yard setback for each unit shall not be less than twelve (12) feet, except for attached unenclosed patio covers, which shall have a minimum five (5) foot setback. - Interior side yard setbacks shall not be less than five (5) feet. There shall be no less than three (3’) feet of unobstructed clearance between side yard block walls and allowable side yard protrusions from the house, which may only be located on one side yard of the property. - Street side yard setbacks for each unit shall not be less than ten (10) feet. - Building height shall not exceed thirty-five (35) feet for the dwelling unit and fifteen (15) feet for accessory structures. - All other development standards shall be consistent with those for RPD zones as provided in Title 17 of the Moorpark Municipal Code. 4. In the Verbena detached condominium neighborhood (Lots 155-162/Units 1-131) the following standards shall apply: - The front yard setback for each unit shall not be less than five (5) feet from common areas. - The rear yard setback for each unit shall not be less than three (3) feet from common driveways. - Side yard setbacks between units shall not be less than ten (10) feet. 114 Resolution No. PC-2024-705 Page 55 - Side yard setbacks between units and common driveways shall not be less than eight (8) feet. - Building height shall not exceed thirty-five (35) feet for the dwelling unit and fifteen (15) feet for accessory structures. - Each unit shall include an unenclosed parking space reserved for that unit with a minimum width of nine (9) feet and minimum depth of eighteen (18) feet, in addition to required enclosed parking of two (2) spaces per unit. - A minimum of 0.5 spaces per unit guest parking shall be provided in locations dispersed throughout the condominium neighborhood. - All other development standards shall be consistent with those for RPD zones as provided in Title 17 of the Moorpark Municipal Code. 5. A soundwall shall be constructed adjacent to the Los Angeles Avenue right-of-way. It shall be no less than eight (8’) feet in height, when measured from inside of the project, and constructed with tan-colored slumpstone with matching mortar. The final design and height is to be approved by the Community Development Director and City Engineer/Public Works Director, subject to ultimate pad elevations. 6. A fence/wall plan is required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director. Side and rear yard property line walls shall be a minimum height of six (6’) feet from the highest finished grade and constructed out of tan-colored slumpstone with tan-colored mortar. Residential properties adjacent to the Arroyo Simi shall have solid walls separating the property from the Arroyo. A combination block/tube steel wall with pilasters spaced no less than thirty (30) feet apart shall be used where common driveways and passive detention facilities are located adjacent to the Arroyo Simi. 7. Architectural enhancements, such as window reveals and plant-ons are required on all side and rear elevations subject to the approval of the Community Development Director. 8. Intentionally blank. 9. There shall be no storage of recreational vehicles of any type on any lot, driveway, or street within the subdivision. This requirement shall be reflected on the Homeowner’s Association (HOA) Covenants, Conditions, and Restrictions (CCR’s). 10. There shall be no parking within the 25-foot driveways in the detached condominium (Verbena) area. “No Stopping at Any Time” signs shall be installed or curbs painted red at the sole cost of the applicant to the satisfaction of the Ventura County Fire Protection District and the City Engineer/Public Works Director. 11. Front yards of all homes within the “Fuchsia” development shall be shall be landscaped, irrigated, and maintained by the Homeowner’s Association. 115 Resolution No. PC-2024-705 Page 56 12. All remainder areas not designated for homeowner use or vehicular maneuvering shall be landscaped, irrigated, and maintained by the Homeowner’s Association as common area subject to the review and approval of the Community Development Director. All homeowners will be notified of street parking restrictions prior to purchase. Parking restrictions shall be made part of disclosure documents and Covenants, Conditions, and Restrictions (CCRs) in form to the satisfaction of the City Attorney and Community Development Director. 13. Side by side houses of the same floor plan must use different architectural styles and color palettes, subject to review and approval of the Community Development Director. 14. Final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style subject to review and approval of the Community Development Director. 15. Painted and decorative sectional roll up garage doors shall be provided. Such garage doors shall include garage window glazing, compatible with the architectural style of each home. 16. Durable materials are required for trim on the ground floor levels of the homes, such as wood window trim, or ¼” minimum cementous stucco coat over foam. 17. Final plotting of the homes shall be submitted for review and approval of the Community Development Director prior to the issuance of the first building permit. 18. Any proposed change to the Architecture shall be considered by the Community Development Director upon filing of a Permit Adjustment application and payment of the fee in effect at the time of application. 19. Standards for patio covers and trellises shall be included in the Homeowner’s Association Covenants, Conditions, and Restrictions. 20. Noise attenuating construction shall be required on all units affected by the noise generated from Los Angeles Avenue to the satisfaction of the Community Development Director. At a minimum the following items shall be provided: Units facing Los Angeles Avenue in the first row of homes nearest the roadway in VTTM 5882 (West) will require upgraded windows, as follows: a. For all first row units, first floor windows will require STC rating greater than or equal to 26. b. For all first row units with a building setback greater than 15 feet from property line wall, second floor windows will require STC rating greater than or equal to 33 116 Resolution No. PC-2024-705 Page 57 c. For all first row units with a building setback of 15 feet or less from property line wall, second floor windows will require an STC rating greater than or equal to 34 Units facing Los Angeles Avenue in VTTM 5882 (East) will require upgraded windows, as follows: a. Corner lots 1 and 51 will require second floor windows facing Los Angeles Avenue to have STC rating greater than or equal to 33. b. For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. c. For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d. For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor (including the access panel) should be fully insulated to prevent vehicle noise intrusion. 28. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of fifteen (15’) feet in each direction shall be provided for separate entry/exit gates and a minimum twenty (20) for combined entry/exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be subject to review by the Fire Protection District. Gate plan details shall be submitted to the Fire Protection District for approval prior to installation. A final acceptance inspection by the Fire Protection District is required prior to placing any gate into service. Signage is required for the gate at the western end of the project site that it is only to be used for emergency exiting to the satisfaction of the Fire Protection District and City Engineer/Public Works Director. 29. LED street lights shall be used within the project, to be owned and maintained by the Homeowners Association. Design of street lighting shall be to the satisfaction of the Community Development Director and City Engineer/Public Works Director to ensure consistency with future LED street lighting to be used in the City. 30. Prior to issuance of building permits, the plans shall be submitted to the Police Department for Crime Prevention Through Environmental Design (CPTED) review and recommendations. 117 Resolution No. PC-2024-705 Page 58 SPECIAL CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5882 1. Vesting Tentative Tract Map No. 5882 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2. This subdivision shall expire on October 4, 2037, unless all Phased Final Maps have been approved and recorded. 3. Up to a maximum of 284 dwelling units may be developed under this entitlement, including 153 single-family lots and 131 detached condominium units. 4. Prior to issuance of a Zoning Clearance for the first building permit or the approval of the first phased final map for the Project: the developer shall pay the City a Fifty Thousand Dollar ($50,000) Community Facility District (CFD) Formation Deposit. The District shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to block walls and hardscape adjacent to Los Angeles Avenue, Leta Yancy Road and the southern boundaries of the Project (Arroyo Simi). The City shall administer the annual renewal of the CFD, and any costs related to such administration shall be charged to the fund established for such CFD revenues and expenses. 5. Prior to approval of any phased final map for the Project, the developer shall provide a Subdivision Improvement Agreement for review and approval by the City Council consistent with Section 66462 of the Government Code. 6. The applicant shall provide a grading and construction schedule showing routing for grading and development from Los Angeles Avenue and Leta Yancy Road. 7. Within thirty calendar days of submittal of the first plan check for the first Phased Final Map the applicant shall provide a copy of the Covenants, Conditions, and Restrictions (C.C.&R.’s) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Vesting Tentative Tract Map No. 5882 and Residential Planned Development Permit No. 2016- 01, as conditioned. Submittal shall include a $5,000.00 deposit to be used for the City Attorney’s cost of review. 8. Improvements along Los Angeles Avenue shall include conduit behind the sidewalk for future use for broadband to the satisfaction of the City Engineer/Public Works Director. 9. Leta Yancy Road shall be improved to its ultimate width along its entire project frontage, including the frontage of the 1.64 acres to be conveyed to the City. Improvements shall include roadway, bike lane, gutter, curb and sidewalk and undergrounding of utilities, all to City standards to the satisfaction of the City Engineer/Public Works Director. 118 Resolution No. PC-2024-705 Page 59 10. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer/Public Works Director. 11. An access rights easement shall be offered to the City of Moorpark from all lots fronting on Los Angeles Avenue and the Arroyo Simi. The C.C.&R.’s shall include a provision that property line walls along the perimeter of the project, including the Los Angeles Avenue frontage and the Arroyo Simi frontage may not be removed or modified to create a gate or similar access opening in violation of the City of Moorpark access rights easement. 12. Specific locations shall be labelled as Fire Lanes per California Vehicle Code Section 22500.1 to the satisfaction of the City Engineer/Public Works Director and Ventura County Fire Protection District. Streets where curbside parking is proposed shall meet all standards of the Ventura County Fire Protection District for emergency vehicle access. 13. The C.C.&R.’s shall include a requirement that garages in each unit be maintained for the parking of vehicles. 14. The applicant shall create a storm drainage easement and install permanent drainage improvements to convey storm water from State Highway 118 to the satisfaction of the City Engineer/Public Works Director. Upon completion of that work, the applicant shall abandon those temporary drains to the satisfaction of the City Engineer/Public Works Director. 15. Prior to the issuance of any building permit in the FEMA identified 100-year floodplain A Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer/Public Works Director. 16. Prior to the issuance of the first building permit, the Developer shall provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 17. The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made Conditions of Approval. 18. Initial buyers shall be made aware of the future use of the 1.64 acre site for affordable housing, the potential construction of a public recreational trail along Arroyo Simi and the potential future expansion of improvements to Arroyo Vista Community Park, which may include additional recreational fields, lighting and use of the existing bridge for vehicles. Notification shall be in a form to the satisfaction of the Community Development Director. 119 Resolution No. PC-2024-705 Page 60 19. Improvements to Los Angeles Avenue as part of the project shall include a bus turnout, a deceleration/acceleration lane at the main project entrance, and parkway landscaping in front of the soundwall to the satisfaction of the City Engineer/Public Works Director. If directed by the City Council and approved by Caltrans, the applicant shall, at its sole cost and expense, install a traffic signal at the intersection of Los Angeles Avenue (SR118) and Shasta Avenue/Project entrance. Final design, plans and specifications shall be as approved by the City Council and Caltrans and shall include an interconnect system. The applicant shall also pay City’s costs for plan check and inspection plus City administrative costs. Should Caltrans not allow a deceleration lane; the City Engineer will authorize the construction of a longer curb radius at the Los Angeles Avenue/Shasta Avenue entry, to allow for a smoother transition. 20. A Traffic Systems Management fee shall be paid, on a per home basis, consistent with such fee paid for Vesting Tentative Tract Map 5882, or in effect at the time of building permit issuance, or as specified in any development agreement adopted for this project. 21. Sidewalks shall be provided on both sides of all private streets within the tract (not including common driveways to garages in the Verbena neighborhood). 22. Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 23. Prior to or concurrently with approval of the first Phased Final Map the applicant shall grant the City public access easements to the Arroyo Simi for future trail and recreational purposes. The exact location of said easements will be subject to the approval of the Community Development Director and the City Engineer. Concurrent with the completion of the southerly block fence/wall the applicant shall install a gate in the southern project boundary fence/wall for access to the Arroyo by the public in the event that a trail or recreational facility is installed along the Arroyo. The gate shall be locked until such time as a trail or such facility is installed and access is granted. 24. A conduit for future installation of high speed internet service shall be installed behind the right-of-way on Los Angeles Avenue and Leta Yancy Road, and throughout the development, subject to review and approval of the City Engineer and Community Development Director. 25. The applicant shall record an easement or other instrument prohibiting private openings of perimeter walls or fences onto Los Angeles Avenue, Leta Yancy Road, the Arroyo Simi, or adjacent private properties subject to review and approval of the City Engineer and Community Development Director. This restriction shall be reiterated in the Covenants, Conditions and Restrictions for this project. - END - 120